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  1. #1
    Join Date
    Oct 2009
    Posts
    5

    Default Vacated Judgement and Statute of Limitations

    My question involves court procedures for the state of: New York

    If someone files a motion for an order to show cause to vacate a judgement, does this reopen or dismiss a case? Basically, upon not being aware of a summons, a default judgement was issued because of no show. It was found out once account was frozen. A motion was filed for an order to show cause to vacate judgement, intially not realizing why I was not notified. After filing and reviewing the affidavit from plantiff I realized it was because the name summons was given and the zip code mailed was wrong. Should I file something in addition to have this in my defense?

    Also, does motion require plainteff to re-file, in-turn changing the file date of action. I am trying to see if this then qualifies denial for plaintiff because of Statue of Limitations. Original file date was May and roughly September was statute of limitations.

  2. #2
    Join Date
    Sep 2005
    Location
    California
    Posts
    64,883

    Default Re: Vacated Judgement and Statute of Limitations

    If a judgment is set aside, all that normally does is place the case back on the contested docket. It doesn't result in dismissal.

  3. #3
    Join Date
    Oct 2009
    Posts
    5

    Default Re: Vacated Judgement and Statute of Limitations

    So what should be filed to have judgement dismissed due to lack of jurisdiction (improper service) related to be served on initial summons. Would I file an addendum to request a motion to dismiss judgement due to improper service.

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