This is a case from Indiana that is ongoing. I recently filed a motion to vacate judgment against me in a civil matter regarding a debt purchased by a junk debt buyer. The order signed by the judge says the motion to vacate was granted and was set for hearing. The hearing was a couple of months ago and a bench trial is set for next month. The judge ordered the Plaintiff to produce proof of debt. The Plaintiff submitted several documents and long story short nothing that named myself in the debt. The debt isn't even mine. I have since filed a motion to dismiss the complaint and the judge ordered the Plaintiff to respond in 30 days.
Here is were my question comes in. The Plaintiff now claims my motion is procedurally improper as judgement has been entered in this cause of action. The Plaintiff is requesting that the motion be denied. I was under the impression like in this case that if a motion to vacate judgment was granted then wouldn't that mean the the judgment was vacated? Since the case has been set for a bench trial then how can you have a trial if the judgement has not been vacated? The Plaintiff has an attorney btw. Am i missing something here?
Here is were my question comes in. The Plaintiff now claims my motion is procedurally improper as judgement has been entered in this cause of action. The Plaintiff is requesting that the motion be denied. I was under the impression like in this case that if a motion to vacate judgment was granted then wouldn't that mean the the judgment was vacated? Since the case has been set for a bench trial then how can you have a trial if the judgement has not been vacated? The Plaintiff has an attorney btw. Am i missing something here?