How do I contest a judgment?
In Delaware, contesting a judgment involves filing a motion in the court that issued the judgment. The motion, known as a “motion to vacate,” must be filed within one year of the judgment’s entry. The motion must include a statement of facts and reasons why the judgment should be vacated. It must also include any evidence that supports your argument. If the court finds that the judgment is not valid, it will vacate the judgment, meaning the court decision and any debt associated with it will be reversed. In this case, the debt collector must begin the collection process again if it wants to pursue the debt. It is important to know that Delaware collection defense law can limit a debt collector’s ability to pursue a debt after the judgment has been vacated. Specifically, the court may limit the amount of time the debt collector has to pursue the debt. If the debt collector does not take action against you within the time allowed by the court, any amount still owed on the debt may be forgiven. If you are having trouble understanding the process of filing a motion to vacate, it is a good idea to consult with an experienced attorney. A lawyer can help you understand the law and the process of contesting a judgment, and provide assistance in filing the motion to vacate.
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