I sued owner of ramada, he got an extension on the court date. He didnt show up, and i got the default. 30 days went by no appeal. I have been trying to collect my money for 2 months now. Defendant tried to file an appeal after the 30 days, but it got rejected by the court. I filed a bank levy bcuz the defendant is being difficult in paying me. The insurance company who covers the ramada hotel, said she cant pay my judgement yet bcuz the plaintiff is going to file a motion to vacate? hense, my question, can they file a motion to vacate the bank levy????
I suspect that the insurance carrier meant that the defendant was planning to file a motion to vacate the judgment (with or without a motion to quash the levy.) If you succeed in collecting money by way of the levy, and the default judgment is vacated (and many are), you will be ordered to return the money.
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