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.

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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.

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Answered on 2/08/07, 11:41 pm


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