Judge Sabrina B. Kraus


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RPW Systems sued Creary, seeking a money judgment alleging she failed to pay amounts due on an installment contract with RPW’s predecessor. RPW obtained a default judgment against Creary for $3,588.74 and received $2,976 through a property execution from the city marshal. RPW moved for an order directing Citibank to release non-exempt funds to satisfy the judgment against Creary without notifying the court of the prior collection. Citibank released nearly $4,800 and Creary moved to vacate the judgment and noted while funds seized to date were sufficient to satisfy the judgment, RPOW continued to execute on other accounts. A motion was granted dismissing the action for lack of personal jurisdiction and directed RPW to return all funds collected under the vacated judgment. The court denied RPW’s motion to reargue, noting same was not the proper remedy, but amotion to vacate its prior default in appearing. It stated even if it deemed RPW’s motion one to vacate, the relief would be denied ruling no excuse was offered for counsel’s failure to appear–thus, no excusable default asserted. Nor did RPW dispute that the original summons and complaint were served at an incorrect address, denying the motion entirely.