Having a judgment void


#1

Generally the order is not void, you can set a hearing for entry of order to get the order entered.

P.S. Please feel free to bring up this or any other topic on our live call-in show every Wednesday at 11:00 a.m. EST. Visit radio.rosen.com/live for details

Helena M. Nevicosi
Attorney with Rosen Law Firm

4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.787.6361 main fax

Charlotte Office
301 McCullough Drive
Suite 510
Charlotte, NC 28262
Main Phone: (704)307.4600
Main Fax: (704) 9343.0044

Durham & Chapel Hill Office
1829 East Franklin Street
Building 600
Chapel Hill, NC 27514
(919) 321.0780

ROSEN.COM

The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.


#2
quote:
[i]Originally posted by colanut[/i] [br]If an order or a judgment has not been reduced to writing and not signed by a judge, pursuant to the timeline of signing and reducing an order or judgment to writing, can I motion to have the order or the judgment void?

How long have you been waiting? What kind of order has the judge NOT signed? I have been waiting 5 months for an order to be signed by the judge (visitation)and the custody orders!!! I thought that when a judge ruled it would be no longer than 30 to have the orders. Do you have the timeline that a judge has to put it in writing once they rule? This is insane to wait this long

Thank You


#3

You can set a hearing for entry of order if you have been waiting for the judge to make a decision. That may prompt them to issue a ruling, however you run the risk of upsetting the judge. You may also want to send a follow up letter to the judge inquiring about the status of the order. I know it is little consolation but attorney’s face the same frustrations sometimes.

P.S. Please feel free to bring up this or any other topic on our live call-in show every Wednesday at 11:00 a.m. EST. Visit radio.rosen.com/live for details

Helena M. Nevicosi
Attorney with Rosen Law Firm

4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.787.6361 main fax

Charlotte Office
301 McCullough Drive
Suite 510
Charlotte, NC 28262
Main Phone: (704)307.4600
Main Fax: (704) 9343.0044

Durham & Chapel Hill Office
1829 East Franklin Street
Building 600
Chapel Hill, NC 27514
(919) 321.0780

ROSEN.COM

The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.


#4

If an order or a judgment has not been reduced to writing and not signed by a judge, pursuant to the timeline of signing and reducing an order or judgment to writing, can I motion to have the order or the judgment void?