Greg Smith and Associates, Criminal Defense Attorneys/
Salt Lake City (Murray)
Free 15 Min. Consultation  :  Nights & Weekends  :  Easy Payments

801-651-1512  -  24/7

Free 15 Min. Consultation 24/7

801-651-1512


Feedback From Satisfied Clients

"The domestic violence and DUI crimes that I was charged with would have ruined my career. Thank you for saving me! You are worth every penny I paid you."

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Avvo Clients' Choice Award. 5 Stars

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Help! Can A Judgment Against Me Be Undone?

Motion to Set Aside / Vacate / Undo Judgment

A motion known by many names:

A motion to vacate the judgment

A motion to set aside the judgment

A motion to undo the judgment

A motion to get rid of the judgment

We often get calls that go something like this: Hi, I just had a guy come to my door that gave me a document that says order to show cause (or motion for supplemental proceedings), and I guess I was supposed to answer something, but I didn't know about it (or I forgot about it), and now I have a judgment (or a decree) against me. Can you guys help me?

The answer is often yes, but you must move quickly. Utah has a rule of civil procedure, which lawyers call "Rule 60 B." It's the rule that's used to undo a judgment. It's official title is "Rule 60. Relief from judgment or order."

If you are the victim of a simple clerical mistakes or error, the court may correct it once it is brought to the court's attention. The court may do so if you ask it to do so (sometimes by just calling the clerk and pointing out the error (like an obvious math error), or on its own, with or without notice. But, if the case is on appeal, the case is NOT with the court that entered the order, so the mistake may be corrected by getting permission from the appellate court.

The most common reason for trying to undo a judgment, order, or decree is because of a mistake (for example, you though the court date was for March 17th, but it was for February 17th); inadvertence (this is just like a mistake—you answered the complaint, put it in an envelope, but forgot to put postage on it when you mailed it); excusable neglect (you thought you had 30 days to answer, but you only had 20, but the reasonable was understandable, and that type of goof up happens all the time to even the nicest of people); newly discovered evidence (after the order/judgment was entered you, happened to find a witness to your case that you could not track down before the trial); and, fraud (you have proof the other side lied to the court), etc. And if none of those fit, you can tell the judge you have another really good reason "that justified relief" (getting the order undone).

Timing is very important. In other words, once you learn of the error, you must ACT ON IT ASAP (and honestly, it's best to use an attorney). Usually, motion to undo an order must be filed within "a reasonable time," and often that means not more than 90 days after entry of the judgment or order or, if there is no judgment or order, from the date of the proceeding. Remember, until an order is signed by the judge, things are still sort of up in the air. Further, until the order/judgment/decree is undone, you must abide its terms.

So, if there is an order saying you cannot speak to your ex-live-in lover and you do (before the order gets undone), you will get hit with a class A misdemeanor, even if you get the order undone (set aside/vacated) an hour later. In other words, your motion "does not affect the finality of a judgment or suspend its operation."

Sometimes, years may pass before a person gets proof that the court was defrauded. If that happens, the rule allows the court "to entertain an independent action to relieve [you] from a [the] judgment, order or proceeding. If that happens, the procedure for obtaining the relief (getting the judgment undone) shall be by motion as prescribed (mandated) in these rules or by an independent action.

Again, if you are in this pickle, call Greg Smith and Associates.

Get competent legal advice. Call us at 801-651-1512.

Feedback From Satisfied Clients

"The domestic violence and DUI crimes that I was charged with would have ruined my career. Thank you for saving me! You are worth every penny I paid you."

More Testimonials

Avvo Clients' Choice Award. 5 Stars

Lawyers.com Reviews

Matindale Hubble Client Champion Lawyers 2018

Google Reviews


   Review Us On Google




Clients with disabilities or impairments
Access to our office is available to clients and their family members at all times. Special equipment and communication devices are available upon request for our clients with visual, hearing, speech and physical impairment. In addition, arrangements can be made for verbal or sign language interpreters if needed to communicate between our attorneys and the client and family. Please notify our law office if any additional accommodations related to your disability or impairment are necessary to make your consultation more comfortable.



Greg Smith and Associates
111 E. 5600 S. #105
Murray, UT 84107

Salt Lake City, UT

801-651-1512


Typically No Retainer - Easy Payments. *Call for details.


Greg Smith and Associates, Criminal Law Attorneys, represent clients in Salt Lake City (SLC) and all throughout the state of Utah.


DISCLAIMER: I understand that I am contacting a corporation, not an individual, and that if I do business with the law firm, it will be with that corporation, not any individual(s). I understand that Greg Smith and Associates is not the legal name of the law firm, rather, it is "Aafordable Legal Advocates, PC." I also understand that whatever may relate to, or arise out of, any communication with the law firm, which results in any type of legal action, such must be brought in the Third District Court of Utah, West Jordan Department, and that this is mandatory not permissive.


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Disclaimer

The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for advice regarding your individual situation. We invite you to contact us and welcome your calls, letters and electronic mail. Contacting us does not create an attorney-client relationship. Please do not send any confidential information to us until such time as an attorney-client relationship has been established.

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