Motion To Set Aside Judgment

Once a judgment is reached in a divorce or other domestic matter, it is sometimes difficult to get the judgment set aside (or for the court not to let the Final Order stand).  Having a judgment set aside and/or attacked depends on a number of issues including why the court is being asked to set aside the judgment and the applicable time frame from the judgment being entered to it being attacked.  Depending on the reason for attacking a judgment, such attack may be more time sensitive than for other reasons per the Official Code of Georgia.

If a motion is set aside, the judgment is therefrom inoperative and ineffective. However, a judgment will not be set aside without a sound legal basis.  The Georgia Code is strict on how and why a judgment can be attacked. If you need to attack a judgment you should speak with an experienced attorney about your matter.  Attorney Tiffany Lunn of Lunn Law LLC recently appeared in Fayette County Superior Court to assist in attacking a Motion to Set Aside.  Lunn Law LLC has offices in both Jonesboro and Fayetteville, GA and represent clients in Metro-Atlanta regarding divorce, custody and other domestic conflicts.

Post-Judgment Relief From Unfavorable Ruling

When a default judgment has been obtained or there has been a court ruling that has been unfavorable to a litigant, time is of the essence.  A litigant should begin right away to seek to attack the judgment or appeal to a higher court.  These actions should not be contemplated for months, because at that point a litigant’s options are likely to be narrowed or more limited.

Many times a litigant can attempt to challenge a previous ruling upon good grounds, but has allowed significant time to pass before taking any action.  When this is the case,  the litigant may have to live with the current ruling or file a new case, when applicable.  Attacking a ruling can be complicated and require a good grasp on the law and also post-judgment procedures.  Litigants should attempt to seek legal assistance right away to increase the likelihood that any attack or appeal will be successful.

Post written by: Attorney Tiffany Lunn

Phone: 770-492-2974

Published in: on January 7, 2011 at 11:30 am  Comments Off  
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Hire Court Reporter For Important Hearings

Litigants are given an option whether to have their hearing transcribed by the judge’s court reporter on the day and time of hearing.  Litigants should strongly consider employing the court reporter in case the  court’s ruling is adverse to their interests and there could later be a desire to appeal.

If there is no transcript of the court proceeding, the court’s ruling is likely to stand, regardless if it was based on legal error.  You may find that the cost of acquiring the court reporter’s services would have been well worth it in hindsight.  For an example, see  Holmes v. Roberson-Homles, S10F0130, http://www.gasupreme.us/sc-op/pdf/s10f0130.pdf.

Post written by: Tiffany Lunn Esq

Phone: 770-492-2974

Published in: on November 14, 2010 at 3:39 pm  Comments Off  
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