Legal Question in Legal Ethics in Maryland
Civil Law suit in default
What does move to vacate a default mean
Asked on 2/08/07, 8:19 pm
2 Answers from Attorneys
Lawrence Holzman
Holzman Law Firm, LLC
Re: Civil Law suit in default
Typically, this means that someone failed to respond after they were served with a complaint and summons. The court then entered an order of default. That basically means that the plaintiff wins by default.
A motion to "vacate" means that someone (probably the defendant) is now trying to have default undone ("vacated" basically means "undone") so that they can present a defense and try to win the case.
Answered on 2/09/07, 8:10 am
G. Joseph Holthaus III
Law Offices of G. Joseph Holthaus
Re: Civil Law suit in default
To vacate means to lift which, based on your limited inquiry, means to negate the default order or to otherwise render the default order without effect.
Answered on 2/08/07, 11:41 pm