Can we file a motion to vacate judgment when unable to contact original plaintiff?

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Can we file a motion to vacate judgment when unable to contact original plaintiff?

We tried to settle a debt with a rental agency. They then charged us additional fees to which we asked for proof of the fees or documents supporting the amounts. This was never given to us. It was also found in the ruling that the plaintiff was in the wrong for raising the rent on the day of signing. (contract under duress). We have since filed a FDCPA violation case in Federal court. We have tried to contact the attorney to either pay or make payment arrangements and have not received any correspondence. Given the loss of time and wages, we would like to vacate the judgment.

Asked on October 15, 2010 under General Practice, Utah

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Let's start with the fact that you have a judgement against you.  From what I gather there was a trial and the judge ended up ruling for the plaintiff and a judgement was entered against you.  Correct?  And now you want to in some way get rid of the judgement but I am not really sure about your reasons here. Let's put that aside for a minute. You can not move to vacate a judgement after a trial.  You must file an appeal  or a motion to set aside the verdict.  There are time restrictions on both of them as well as restrictions on why you are allowed to bring the requests before the court.  I would strongly suggest that you seek help from an attorney in your area with all of this and really soon. Good luck.


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