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

Asked over 1 year ago - 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.

Attorney answers (7)

  1. Lawrence Michael Centanni

    Pro

    Contributor Level 12

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    Answered . 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... more
  2. David Justin Sideman

    Contributor Level 10

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    Answered . 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,... more
  3. Matthew R Schutz

    Contributor Level 17

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

  4. Leonard Roy Boyer

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    Contributor Level 16

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    Answered . 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... more
  5. John P Corrigan

    Contributor Level 19

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    Answered . 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... more
  6. Thomas J. Cleary

    Contributor Level 2

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    Answered . Civil litigation

  7. Dekera MarShel Greene

    Contributor Level 3

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    Answered . 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... more

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