Hello everybody: I was sued by cc. They got a default judgment. I found out when they started garnishing my wages. I filed motion to dismiss judgment and also garnish wages exemption. I went in front of judge to discuss the claim of exemption and I got it. Then after a while i received an order of dismissal that the court requested for lack of prosecution. They requested the plaintiff to respond in 48 hours and they didn't so the case was dismissed. does this mean the judgment is voided since case was dismissed? thanks for your help.
It would depend on the exact wording of the order. What I'm guessing got dismissed is the garnishment rather than the original case, which still would have a valid and existing judgment. The other side, seeing your exemption was upheld, has basically abandoned the attempt to go after your wages. That does not preclude them targeting assets. Again, without the language of the order I'm guessing. But I think it's a good guess.
I wanted to post an update just in case someone find themselves in the same situation. I called the clerk of the court and asked. If the case get dismissed for lack of prosecution, whatever judgement you got previous to that stands. You have to reopen the case and file a new motion to vacate default judgement. At this point i really don't know if i want to go over all that hassle again. I do have a claim of exemption and 3 years have already passed. I hope this helps someone else. Thanks for your response
