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  #1  
Old 10-22-2009, 05:52 PM
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motion to vacate a judgment


I have an unusal question about a motion to vacate a judgment on behalf of a realitive. My father recently passed away in the state of AZ and in the process he had a defualt of judgment passed on to him. He suffered a major stroke on 8/05/09, hospitalized on life support (ventalator). An affidavit of default and entry of defualt came on 8/12/09 while still in the hospital. During his six weeks of hospitalization he was not coherient. Can I from the state of WA file for a motion to vacate on his behalf?
  #2  
Old 10-22-2009, 07:41 PM
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Quote:
Originally Posted by williapl View Post
I have an unusal question about a motion to vacate a judgment on behalf of a realitive. My father recently passed away in the state of AZ and in the process he had a defualt of judgment passed on to him. He suffered a major stroke on 8/05/09, hospitalized on life support (ventalator). An affidavit of default and entry of defualt came on 8/12/09 while still in the hospital. During his six weeks of hospitalization he was not coherient. Can I from the state of WA file for a motion to vacate on his behalf?
When was the suit actually filed and when was your father served?
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  #3  
Old 10-23-2009, 01:26 PM
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The suit was filed on 6/04/09 and served on 6/29/09. Nothing went into action until August, and finalized 10/7/09.
  #4  
Old 10-23-2009, 04:07 PM
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Originally Posted by williapl View Post
The suit was filed on 6/04/09 and served on 6/29/09. Nothing went into action until August, and finalized 10/7/09.
Did Dad answer the suit?

(He usually has only a certain amount of time in which to do so, but this may depend on the type of suit...so was exactly was filed?)
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When you can't bear something but it goes on anyway, the person who survives isn't you anymore; you've changed and become someone else, a new person, the one who did bear it after all.
— Austin Grossman

Quote:
Salagadoola mechicka boola bibbidi-bobbidi-boo
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