Legal Question in Credit and Debt Law in North Carolina

Unfortunately, just because you didn't go to court...doesn't mean the judgment isn't valid. If you are saying that you were never served, you need to contact an attorney to see if you can get the judgment overturned. If you are saying you just didn't go on the Court date, thats another story.

In either event, you need to be able to show "execusable neglect." This means that the reason you didn't defend against the lawsuit was either not your fault or unavoidable (you were not served, you were in the hospital long term, ect...). You also need to show you have a meritorious defense.

I have to agree with Attorney Love. You do not get a judgment "removed" (assuming we are talking out civil court money judgments; if this is a criminal matter, then re-post your question under the heading of criminal law). You do not indicate when it was entered, but for most things, you only have one year from the date of entry of the judgment to get it opened. Since you admit that you had notice of the lawsuit, its unlikely that sufficient grounds would exist to open the judgment, but only a lawyer would know after reviewing all of the circumstances and documents. As noted by Attorney Love, to get the judgment opened/vacated, you need to show excusable neglect, i.e.: (1) that you acted promptly as soon as you found out about the judgment; (2) that you failed to answer the complaint for good cause; and (3) that if the judgment is opened, you have a meritorious defense.

A meritorious defense could be something like the statute of limitations expired before the lawsuit was brought. Good cause is not defined, but it means a really good excuse (like my lawyer did not notify me). Good cause is not that you just could not make it to court. Acting promptly is not knowing about the judgment and letting it sit for months before you decide to do something about it. Rather, it exists say where someone was served at the wrong address, judgment was entered and as soon as they learned about it they went to a lawyer who filed a motion to open/vacate.

All of the elements must be met. If one of them isn't (like if you don't have a meritorious defense or a good excuse or you did not act soon enough) then its unlikely the judgment will be opened. Here is the rule:

Rule 60. Relief from judgment or order.

(a) Clerical mistakes. � Clerical mistakes in judgments, orders or other parts of the record and errors therein arising from oversight or omission may be corrected by the judge at any time on his own initiative or on the motion of any party and after such notice, if any, as the judge orders. During the pendency of an appeal, such mistakes may be so corrected before the appeal is docketed in the appellate division, and thereafter while the appeal is pending may be so corrected with leave of the appellate division.

(b) Mistakes; inadvertence; excusable neglect; newly discovered evidence; fraud, etc. � On motion and upon such terms as are just, the court may relieve a party or his legal representative from a final judgment, order, or proceeding for the following reasons:

(1) Mistake, inadvertence, surprise, or excusable neglect;

(2) Newly discovered evidence which by due diligence could not have been discovered in time to move for a new trial under Rule 59(b);

(3) Fraud (whether heretofore denominated intrinsic or extrinsic), misrepresentation, or other misconduct of an adverse party;

(4) The judgment is void;

(5) The judgment has been satisfied, released, or discharged, or a prior judgment upon which it is based has been reversed or otherwise vacated, or it is no longer equitable that the judgment should have prospective application; or

(6) Any other reason justifying relief from the operation of the judgment.

The motion shall be made within a reasonable time, and for reasons (1), (2) and (3) not more than one year after the judgment, order, or proceeding was entered or taken. A motion under this section does not affect the finality of a judgment or suspend its operation. This rule does not limit the power of a court to entertain an independent action to relieve a party from a judgment, order, or proceeding, or to set aside a judgment for fraud upon the court. The procedure for obtaining any relief from a judgment, order, or proceeding shall be by motion as prescribed in these rules or by an independent action.

(c) Judgments rendered by the clerk. � The clerk may, in respect of judgments rendered by himself, exercise the same powers authorized in sections (a) and (b). The judge has like powers in respect of such judgments. Where such powers are exercised by the clerk, appeals may be had to the judge in the manner provided by law.

You posted this question under the credit, debt and collection topic. Does this have to do with a judgment for a credit card or personal loan? Do you owe the money? If that is the case, then it may cost more to open the judgment. Even if the judgment is opened, if it would only result in the same thing (entry of judgment against you) then it will not be worthwhile. You might instead consider paying the judgment or resolving by way of settlement. Many creditors will accept less than 100% depending on what the judgment is for. Once the judgment is resolved, the creditor has a duty to mark the judgment as satisfied.