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Motion to Vacate Judgment - Update! by Eve (IL) on October 6, 2009 @13:42
Went to court this AM to answer my deadbeat’s motion to vacate the Judgment we received on Sept. 1st.

The deadbeats didn't show up! They called our case about 9:05 then again at 9:35 then again at about 9:50. The last time they still were not there my lawyer went and talked to the judge and their motion was denied. This was their action and they didn't show up.....good, I guess but there just went another 3-4 hundred in lawyer fees!!!

The lawyer and I stopped to talk about where we go from here just outside of the courtroom and just as we started walking away here came one of the deadbeats, the son of the tenant I dealt with. He didn't seem to notice us & just walked past us on into the court room. He didn't file the motion, he wasn't on the lease except as an occupant. The lawyer and I kept walking and my lawyer explained there shouldn't be anything they can do but he would let me know if anything comes out of him showing up???

My lawyer wants to wait a few days to see what they might do next then start the process of suing them for the damages that amount to more then the small claims limit. They know I know where they are at now and I want to get them served before they take off. What does this forum think about waiting a few days??

My lawyer thinks I'm nuts for wanting to pursue this that line...."They have nothing, you'll get nothing" I know this is very likely but......

We are not finished rebuilding the house yet so I still don’t know the exact total for repair. We are out of pocket so far over 18,000. I can't just let them walk away, I can't!

[ Reply ] [ Return to forum ]

Re: Motion to Vacate Judgment - Update! by Ultimate M-Bone on October 6, 2009 @13:45 [ Reply ]
$18,000 so far in damages, sounds like an Insurance claim to me plus arrest for vandalism.
Re: Motion to Vacate Judgment - Update! by Lighthope on October 6, 2009 @16:53 [ Reply ]
> My lawyer thinks I'm nuts for wanting to pursue this that
> line...."They have nothing, you'll get nothing"

Judgements last for 20 years. (Ten plus ten more after you file for an extension.)

Unless they plan to live in sewers for a quarter of their lives, you'll eventually get it out of them.

Go get 'em!

Lighthope

Pearls of Wisdom - Commandment VIII: You shall not steal.

Re: Motion to Vacate Judgment - Update! by Susan on October 6, 2009 @18:48 [ Reply ]
At least you would have the satisfaction of a judgement. Who knows.....one day they may win the lottery, and you'd be able to collect, ha ha .
Re: Motion to Vacate Judgment - Update! by K (FL) on October 7, 2009 @11:44 [ Reply ]
This is a business. Take your emotions out of it. Forget about vengeance and justice.

How much more out of pocket do you need to be? Why throw good money after bad?


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