mercredi 4 octobre 2017

Settlement: Judgment Awarded and Entered After Settlement Agreement Reached and Filed

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

A credit card creditor filed a motion for summary judgment against me. I responded pro se a week prior to the court appearance I hired counsel and reached a settlement agreement with the creditor. The Settlement Agreement was fully signed and filed with court in mid-September and I've made all payments on time in accordance with the Agreement. Today I received an alert from Court that the plaintiff's Motion for Summary Judgment was awarded and a judgment is to be entered against me. How can a judgment still be awarded when the Stipulation of Settlement has been filed over two weeks ago. I'm going to seek a motion to vacate the judgment based upon reaching a settlement agreement being in place. According to the settlement agreement, if I default, which I haven't, then plaintiff has right to seek entry of jugment. Should plaintiff have filed a motion to vacate their original motion? Can I file a motion to vacate the entry of judgment?


Settlement: Judgment Awarded and Entered After Settlement Agreement Reached and Filed

Aucun commentaire:

Enregistrer un commentaire