Legal Question in Credit and Debt Law in New York
I won, vacated judgment
I recently had a default judgment vacated (thanx to a great lawyer), but now what? He says we have to interpose an answer and file motion fo rsummary judgment. What the heck does all that mean?? ( I hate to bother him with stupid questions, and cant find an answer anywhere)...thanx!
1 Answer from Attorneys
Re: I won, vacated judgment
Dont be in awe...most courts vacate default judgments all the time on the principal that everyone should have their day in court. Now your hero wants you to file a motion to dismiss the case without having to have a trial...in other words there must be something about your defense which would make a judge throw out the case without having to go all the way to a trial...since I don't know what that is, I cannot help you. Just know that courts are less likely to dismiss the case on a motion for summary judgment...for the same reasons why they threw out the judgment...go back and ask him why he thinks a motion for summary judgment is appropriate...