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What area of practice does an attorney need to practice to help me vacate a judgement?

Red Bank, NJ |

I need assistance in filing the proper paperwork to have a judgement vacated. I am not sure which area of practice would be best to contact regarding this matter. Thank you.

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Attorney answers 7

Posted

I agree with others here; but more is needed to answer your question. If you are talking about a default judgment, then the standard is that you must show 1) excusable neglect as to why you did not answer the complaint or otherwise defend, and 2) that you have a meritorious defense.

Any answers I provide should not be construed as legal advice; they are meant to educate the reader. Additionally, this answer does not constitute an attorney-client relationship. If you would like to contact your case further, please feel free to contact me at david@epgp-law.com

Posted

A litigator would be appropriate, with a background in the substantive field which is the basis of the suit.

Posted

I agree with my colleague. A litigator, with experience in the appropriate practice area is whom you should seek out. You state that you're unsure which type of attorney to contact--it depends on the type of judgment you want vacated. If the judgment related to real estate you should seek out a litigator whose substantive practice area is in real estate. If the judgment is for a consumer debt, you should seek out a litigator who has experience in this area--they may identify themselves as bankruptcy, consumer protection, or a civil litigator with consumer debt experience. Again, it depends on the type of judgment.

The above response is not intended to be specific legal advice or representation and should not be relied upon as such. While the above focuses on general legal precepts, laws vary among jurisdictions so the opinion is not state or jurisdiction specific. No attorney-client relationship is formed by or exists because of this posting. You should not make any decisions with regards to your individual legal matter without first directly consulting with an attorney to discuss the specific details of your case.

Posted

Based on the information you provided, an attorney who practices in litigation can assist you. To vacate a judgment the following must be shown to the Court (1) what is your excuse for not answering the complaint; (2) what is your defense to the complaint? It is very much helpful if you vacate a judgment within a year after the final judgment was entered. If you ask the court to vacate the judgment after a year, the standard is much higher.

Good luck.

The information is for general information purposes only. Nothing from this comment should be taken as legal advice for any individual case or situation. This information does not create and does not constitute an attorney-client relationship or a prospective attorney relationship.

Posted

You need a litigator for sure but the particular cause of action - case type needs to be known so please repost with such info. In other weds a judgment in a divorce case, a probate matter, a mortgage foreclosure, an employment agreement, a business contract, a maritime matter, etc. Help us help you.

My answer is not intended to be giving legal advice and this topic can be a complex area where the advice of a licensed attorney in your State should be obtained. Please click "helpful" or "best answer" if my answer added any value or add a "comment" if you have more info for me to help you get a better answer.

Asker

Posted

The judgement was filed for unpaid hospital bills when I was a minor.

Posted

I agree with the answers of my colleagues, you need a civil litigator. There are a lot more facts that also need to be explored, which is beyond the scope of this website. Good luck.

Leonard R. Boyer, Esq. 201-.675-.5577. Please be advised that the answer above is only general in nature cannot be construed as legal advice, given that not enough facts are known. It is your responsibility to retain a lawyer to analyze the facts specific to your particular situation in order to give you specific advice. Specific answers will require cognizance of all pertinent facts about your case. Any answers offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship.

Posted

Civil litigation

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