Judge judged against initial judgment!

[kelmail100]

I was awarded a default judgment in court,the defendant didn't show. I had to have the defendants wages garnished which I received from his bank. Months later,he appealed and was awarded half the money back! Can a judge hear the same case again after he has already ruled and awarded judgment? Can he accept an appeal after it has been over 90 days? I had already been approved and awarded garnishment. Should I have even gone back to court? The defendant claimed that he had no knowledge of this until his bank garnished him. Basically, it's like them agreeing that the constable didn't follow through with delivery. What should I do?
Thanks! ? Mississippi

 

[sandyclaus]

I was awarded a default judgment in court,the defendant didn't show. I had to have the defendants wages garnished which I received from his bank. Months later,he appealed and was awarded half the money back! Can a judge hear the same case again after he has already ruled and awarded judgment? Can he accept an appeal after it has been over 90 days? I had already been approved and awarded garnishment. Should I have even gone back to court? The defendant claimed that he had no knowledge of this until his bank garnished him. Basically, it's like them agreeing that the constable didn't follow through with delivery. What should I do?
Thanks! ? Mississippi

Apparently, it's entirely possible - because it happened.

Since it was a default judgment due to defendant's failure to appear, they likely filed to set aside the default on some basis. They would have had to hear the case again, which apparently they did - and when you presented your case, the judge decided that you were only entitled to half of what you were original given in the default judgment.

 

[Proseguru]

A default judgment can be voided even after years - for good cause.

 

[latigo]

A default judgment can be voided even after years - for good cause.

Would you favor us with an explanation of the grounds needed to satisfy your so-called “good cause”? That is, after the passage of 6 months from the date of the entry of the final judgment or order?

And where might one look in Mississippi’s Rules of Civil Procedure to find a definition of your so-called “good cause”?

Apparently the term res adjudicata is not to be found in your lexicon.

 

[FlyingRon]

Mississippi civil procedure rules 55 and 60 give them six months from the entry of judgement to protest it. Default judgements are usually pretty easy to vacate (doesn't take that much "good cause.").
Yes the same judge can rule on the motion to vacate as well as rehearing the case.
Sorry it didn't work out for you.
If it was, in fact, over six months (rather than just 90 days), you MIGHT have a complaint.

 

[Proseguru]

Would you favor us with an explanation of the grounds needed to satisfy your so-called “good cause”? That is, after the passage of 6 months from the date of the entry of the final judgment or order?

And where might one look in Mississippi’s Rules of Civil Procedure to find a definition of your so-called “good cause”?

Apparently the term res adjudicata is not to be found in your lexicon.

Good cause? Is a good enough reason for a judge to determine that the default can be vacated. res adjuicata does not apply in this instance as you are asking a judge to simply vacate a default.

I think the OP got lucky .. got to keep 1/2 ...

 

[menchari]

I assume it is based on the laws for garnishment limits. Garnishment is based on "disposible income". The defendant probably brought in financial records to the court to show he had less available "disposable" income. In otherwords monetary obligations above and beyond the base 30 hours times minimum wage medical or dependents for example. If it was for something els you should have been notified by the court so that you could have resopnded to whatever h filed.

 

[FlyingRon]

I assume it is based on the laws for garnishment limits. Ga

The garnishment is NOT the judgement. The judgement is determined based on your damages (especially in the default judgement case). Now any subsequent orders for garnishment or siezure of assets is ALWAYS fluid. A motion can be made and a judge can modify it at just about any time.