Yes and no on the judge's behalf, Kids. LEGALLY, the judge is under no obligation to rule in favor of the motion. By all rights, its perfectly legit for the judgment to stand. For that matter, if Donks claims improper service (which is probably the most common basis for a vacate), technically, according to NE law, HE'S the one being frivolous. NE statutes specifically state that "improper notice" does NOT impede judgment (and the wording actually stresses that it's a non-defense) and doesn't invalidate a claim against the defendant.
HOWEVER, the plaintiff's atty, since the debt IS paid, will more than likely not show. There's no incentive FOR them to show. No matter how snotty the atty's been to Donks, the atty HAS to obey his client's wishes. And I don't care how much Donks may have pissed the plaintiff off -- no grudge is worth the $750-1000 it will cost him (again, especially since the plaintiff's been PAID) for the atty to answer the motion, much less appear. So unless this debt was for somewhere in the ballpark of $10K AND Donks slept with the plaintiff's wife, shot his dog and salted his farmland, chances are it just won't be worth the extra atty's fees.
Even if the atty decided to appear out of sheer spite and NOT charge the plaintiff, he simply can't do so without the plaintiff's permission.
Donks: I really think you'll be fine. I know you said you have a feeling that the guy will show up, but really, there's absolutely NO reason to. The atty more than likely tried to bully you on the phone because simply, he doesn't want you messing up his "track record" in terms of how many judgment notches he has on his belt. Or maybe, his hot receptionist told his wife about their affair.
Regardless, it's just your worry talking out loud. Or as a comedian once said "Your brain is trying to kill you!"
Don't sweat it. You've done the hardest part. Now just sit back and imagine your CRs as spotless!!
HOWEVER, the plaintiff's atty, since the debt IS paid, will more than likely not show. There's no incentive FOR them to show. No matter how snotty the atty's been to Donks, the atty HAS to obey his client's wishes. And I don't care how much Donks may have pissed the plaintiff off -- no grudge is worth the $750-1000 it will cost him (again, especially since the plaintiff's been PAID) for the atty to answer the motion, much less appear. So unless this debt was for somewhere in the ballpark of $10K AND Donks slept with the plaintiff's wife, shot his dog and salted his farmland, chances are it just won't be worth the extra atty's fees.
Even if the atty decided to appear out of sheer spite and NOT charge the plaintiff, he simply can't do so without the plaintiff's permission.
Donks: I really think you'll be fine. I know you said you have a feeling that the guy will show up, but really, there's absolutely NO reason to. The atty more than likely tried to bully you on the phone because simply, he doesn't want you messing up his "track record" in terms of how many judgment notches he has on his belt. Or maybe, his hot receptionist told his wife about their affair.
Regardless, it's just your worry talking out loud. Or as a comedian once said "Your brain is trying to kill you!"
Don't sweat it. You've done the hardest part. Now just sit back and imagine your CRs as spotless!!
Donks, darlin', you don't need us to come and support you -- we already ARE!!!
If the plaintiff has the atty show up over a $600 debt, well, all I can say is that you ought to feel sorry for him. Clearly, the plaintiff's not very bright and the atty is a shyster (since there's no LEGAL NEED to contest the motion). IMO, they'd be a match made in you-know-where.
So unless you know the plaintiff and s/he is a complete and utter, drooling, pooping-themselves-stupid, nutjob, I really don't think you have one bit of anything to worry about.
So take a deep breath, calm down, hold your head up high ('cause, dammit, you deserve to) and walk in their confident and proud. You're not a criminal (are you? I mean, you don't kick puppies, do you? No? Didn't think so! LOL!) and you don't deserve to have to worry, okay?!
As Kids said, if the atty does show up, the judge, though under no legal obligation to rule in favor of you, will MOST likely because that judge will, no doubt, be a living, breathing human being. And judges usually DO do their best to be kind and give second chances. After all, our country was built on second chances!!
To boot, I'll be praying for you!!
{{{{Hugs!!!}}}}
If the plaintiff has the atty show up over a $600 debt, well, all I can say is that you ought to feel sorry for him. Clearly, the plaintiff's not very bright and the atty is a shyster (since there's no LEGAL NEED to contest the motion). IMO, they'd be a match made in you-know-where.
So unless you know the plaintiff and s/he is a complete and utter, drooling, pooping-themselves-stupid, nutjob, I really don't think you have one bit of anything to worry about.
So take a deep breath, calm down, hold your head up high ('cause, dammit, you deserve to) and walk in their confident and proud. You're not a criminal (are you? I mean, you don't kick puppies, do you? No? Didn't think so! LOL!) and you don't deserve to have to worry, okay?!
As Kids said, if the atty does show up, the judge, though under no legal obligation to rule in favor of you, will MOST likely because that judge will, no doubt, be a living, breathing human being. And judges usually DO do their best to be kind and give second chances. After all, our country was built on second chances!!
To boot, I'll be praying for you!!
{{{{Hugs!!!}}}}