surplus funds hearing@how to stop a vacate motion wifes lawyer?

What is a motion to vacate a hearing?

A motion to vacate a hearing is a tool attorneys use to try to delay or stop litigation. It often happens when the parties have reached an agreement, or when someone hasn't done something they need to do in order to get a hearing in the first place.

When to file a motion to vacate a family law case?

Such motions may be common in major family law cases such as those involving divorce, child custody / visitation, and other issues. A motion to vacate must be filed within a reasonable time after the judgment was issued.

Can a motion to vacate a judgment be withdrawn?

Connecting …. A Motion to Vacate Judgment is a specific request for the court to withdraw its judgment or order that it previously entered. Generally, a motion to vacate judgment may be granted to a party that can show that it didn’t have a proper chance to present or prove their case.

Do I need a lawyer to collect surplus funds?

This will require a thorough review of the court proceeding, as well as a view of the Complaint that was initially filed. You are not required to have a lawyer to collect surplus funds.

How do you stop a writ of execution in PA?

The most effective way to stop a writ of execution is to ask the Judgment Creditor to stop it. The sheriff will often back off if the parties are working to resolve the judgment.

How do I remove an abstract of judgment in California?

The debtor must get a discharge or release of the abstract of judgment to remove the lien from the home. Contact the judgment creditor shown on the abstract. Arrange to pay the debt in full or negotiate payments. Ask the creditor for a discharge if paying in full.

When a judge makes a decision what is it called?

Adjudication: A decision or sentence imposed by a judge.

How do I enforce a judgment in California?

Ask the court for help.Do not use illegal ways to collect your money. The debtor may be protected from abusive or unfair ways to collect the debt. ... Encourage the debtor to pay you voluntarily. ... Be organized.Ask a lawyer or collection agency for help. ... Make sure you renew your judgment. ... Ask the court for help.

How long is an abstract of judgment good for in California?

An abstract of judgment does not expire; it lasts as long as the judgment lasts which, in California, is 10 years from the date the judgment was entered. After 10 years, you can renew the judgment for a second 10-year period by filing the appropriate forms.

How do you get around a Judgement?

Three Ways to Stop a Creditor from Filing for a Judgement against...Arrange a Repayment Plan. One option you have for stopping a judgement against you is to speak to the creditor before they file any court documents. ... Dispute the Debt. ... File for Bankruptcy.

Can a judge's decision be overturned?

The most obvious way in which individual judges are accountable is through the right of the party to the proceedings to appeal any judicial decision, in some cases through several higher courts. In this way the losing party is able to have the decision reviewed by another independent judge or judges.

What are 3 types of judgement?

Three Kinds of JudgementAnalytic judgements have no descriptive content.Synthetic judgements have just descriptive content.Evaluative judgements go beyond descriptive content.

What happens if a judge is unfair?

In a matter of any grievance relating to delay in judgement or not a fair judgement or miscarriage of Justice, the petitioner is suggested to go for judicial remedy by making an appeal or any other events before the appropriate Court of Law within the allotted time limit.

What personal property can be seized in a Judgement in California?

Judgment creditors can only seize property that isn't protected by an exemption. This includes real property and personal property.

How long can a judgment be enforced in California?

10 yearsCalifornia state court money judgments automatically expire 10 years after they become “final”. After that date, the judgment is unenforceable. In order to prevent a judgment from expiring, a judgment creditor should renew the judgment before 10 years runs out.

How long to collect on a judgment in California?

Collecting the Judgment 30 days after the debtor was served you can obtain a Writ of Execution (EJ-130). If the debtor does not file a motion to vacate the judgment in those 30 days, then your California judgment is finalized and you can begin collecting.

What is a foreclosure surplus claim?

An owner’s claim for foreclosure surplus funds needs to fully indicate, with legal persuasion, why the person is entitled to the funds. This will require a thorough review of the court proceeding, as well as a view of the Complaint that was initially filed.

Can you disburse surplus funds from a foreclosure?

Yet, those foreclosure surplus funds will not magically be disbursed. A homeowner will often need to file a motion to release foreclosure surplus funds, or a motion to disburse foreclosure surplus funds.

What happens if your home is sold in foreclosure auction?

If your home was sold by the trustee in a foreclosure auction for more money than you owed on the balance of the loan, you are entitled to the difference (CIVIL CODE SECTION 2945-2945.11).

Can you get a check from a foreclosure auction?

Lenders don’t make it clear that they have the right to claim the difference in funds from a foreclosure auction, and they certainly won’t send you a check without a formal request. Unfortunately, getting excess funds from a foreclosure sale isn’t as easy as calling your lender and providing an address to send a check.

Can you recover surplus funds from foreclosure in California?

The process of recovering surplus funds from foreclosure in California can be confusing, and take some time to complete. Because lenders are of no assistance in this situation, most consumers are left with no real guidance on how to proceed. Our experienced foreclosure attorneys will guide you through the process for the best results with no upfront cost to you. We only get paid when we recover money for you, so there is no risk in calling today for a free consultation.

What is surplus money in foreclosure?

In foreclosure situations, your home often gets auctioned off to the highest bidder. Sometimes, the house gets sold for more money than the liens against it. This extra money’s called foreclosure surplus funds.

What to expect after foreclosure?

You’ll learn what to expect. After your home gets foreclosed upon, it’ll go to auction. Most auctions take place online, and the transactions are fast. You’ll get notified about any excess proceeds, but the mail will go to your old address. To ensure this doesn’t happen, leave a forwarding address so you’ll get notified.

Can you pursue your rightful funds?

Now that you know what you’re entitled to and what to expect, you can pursue your rightful funds. The process won’t be easy, but it’ll be worth it.

What are the situations where a motion to vacate judgment might be granted?

Other situations in which a motion to vacate judgment might be granted include: Clerical mistakes (such as oversights, omissions, etc.) Erroneous proceedings against a minor or person deemed to be of unsound mind. Newly discovered evidence which couldn’t have been discovered in time to justify a new trial.

What Are the Steps for Filing a Motion to Vacate Judgment?

First, you’d need to secure the various forms and documents needed for filing the motion. These are generally provided by the court. After this, you would need to fill out the forms and obtain the proper signatures (usually from a judge or commissioner). Next, you would need to file and deliver the papers and serve the other party.

What is a motion to vacate judgment?

A Motion to Vacate Judgment is a specific request for the court to withdraw its judgment or order that it previously entered. Generally, a motion to vacate judgment may be granted to a party that can show that it didn’t have a proper chance to present or prove their case. Such motions may be common in major family law cases such as those involving divorce, child custody / visitation, and other issues.

How long does it take to get a judgment to vacate?

A motion to vacate must be filed within a reasonable time after the judgment was issued. Depending on the legal issue, it could range anywhere from 30 days to 1 year; check with a lawyer to ensure that your filing of the motion will be considered timely. Also, the motion must be based on a valid legal reason.

What happens if a motion is filed and the court considers it to be frivolous?

If the motion is filed and the court considers it to be "frivolous", they might dismiss the motion and order the person to pay the other party’s legal costs and attorney’s fees.

What is void judgment?

The judgment is considered void or has already been satisfied. A death of one of the parties before the judgment was completed. Unavoidable casualties which prevented a party from prosecuting or defending. Any other reason that might justify a relief from the judgment.

Do I Need a Lawyer for Help with a Motion to Vacate Judgment?

Filing a motion to vacate a judgment or vacate an order is a major task. You may need to hire a child custody lawyer in your area if you’re considering filing such a motion. Remember, motions to vacate judgment can only be filed for valid legal reasons. Your attorney can research the laws in your area to determine what your options are in terms of motions. Also, your lawyer can help file the motion and can represent you during any additional hearings.

Fred T Isquith

You have laid out what need be said in the opposition paper.....and it would be well if you had the service or notice in writing. More

Scott W Zappolo

I agree with the suggestion that you make sure that you are polite....but ALSO, don't hesitate to confirm things in writing (JUST IN CASE the other side is not as ethical as we'd hope they should be - or more likely, there is some misunderstanding alter) Good luck...

Barry W. Kaufman

There is no requirement that you respond to the motion in writing. Given that you are representing yourself and are having issues with the basics of procedure, it's not a good idea to respond in writing. Procedure can get tricky fast, even for lawyers sometimes, so don't feel bad. Either you or the attorney can set the Motion to Vacate for hearing.

2 attorney answers

A motion to vacate a hearing is a tool attorneys use to try to delay or stop litigation. It often happens when the parties have reached an agreement, or when someone hasn't done something they need to do in order to get a hearing in the first place. My guess is it's the latter in your case.

Keith Pickard

A motion to vacate a hearing is a tool attorneys use to try to delay or stop litigation. It often happens when the parties have reached an agreement, or when someone hasn't done something they need to do in order to get a hearing in the first place. My guess is it's the latter in your case.

JDCHATER

Hi, my case against a debt collector ended as Dismissed without prejudice because the Plaintiff did not show.

BackFromTheDebt

Hi, my case against a debt collector ended as Dismissed without prejudice because the Plaintiff did not show.