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Question

I have filled an motion to vacate a judgment that I know I never had.I also think my ex girlfriends family member had stolen my identity years ago and ran up a card in my name for a small amount of 3,000 with amex.I showed proof in my motion that I had an mortgage and lived in another county and papers where served to someone in an address I know nothing about.Amex sent me a rebuttal that was given to the court but the court still vacated the judgement and attempted garnishment.My question what is involved in an preliminary conference? does this mean I still have to prove?..this is a nightmare ..thanks for any response

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Answer

If your judgment is vacated, that's good news - but it does not mean that the case was dismissed, just that Amex would still have to prove that you are liable. At the Preliminary Conference (PC), parties mostly agree on dates for the exchange of documents, and to set a tentative trial date. You don't have to prove or disprove anything at the conference itself.

Robert Bondar
Articles and consultations authored by attorney reflect the state of law as of the date of their writing. The laws change daily. Users of this site are advised to consult attorney regarding their situation.
Karina Duvall
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