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Rrandy · Posted: Mon Jan 09, 2006 1:04 pm Subject: Motion to vacate default judgement

I had won a small claims case because the defendent did not show up. The defendent filed for motion to set aside default judgement.My ? is on what grounds could he be granted a new hearing, and what should I do to fight it.

Posted: Mon Jan 09, 2006 1:33 pm Subject:

Hi Rrandy

Please read this thread in which you posted your query.

http://www.debtconsolidationcare.com/forums/default-judgment.html

miss_evans04 · Posted: Tue Apr 17, 2007 1:40 pm Subject:

i got into a car accident about a year ago where both me and the plaintiff were switching lanes and i dont know if i was goin to slow or what but he tried to stop and ended up hitting my side of my car and knocking my mirror and then i got a ticket for improper lane change and i had a chance to dispute but i had to go to go back to school in LA so i just paid the ticket now he wants to sue for bodily injury that when the cops came he replied that he was not injured I was served papers but by the time i got them it was to late to respond, the papers ended up going to my old house, where my aunt lives and they served me default of judgement Please help

Posted: Tue Apr 17, 2007 2:32 pm Subject:

Get some legal assistance from an attorney. You had the chance to dispute earlier but you decided to pay the ticket. This leaves a proof that you were on the wrong side. Your attorney will help in filing a defense for you and get the evidence that the person was not injured in the accident. This is what I think will do if I was in your place.

Guest · Posted: Thu Sep 04, 2008 5:40 pm Subject: YEs

This is a test

The Gexz · Posted: Thu Sep 04, 2008 5:46 pm Subject: Thank you Debt Consolidation

In addition to this wonderfully drawn motion here is some more helpful information
I live in NY and in addition to the motion I went to court where they directed me to the law library where they game me a Motion to Show Cause which is a request for court and an affidavit
Also remember that a default judgment means you did not show or answer a summons, as long as you can prove that you were not served or that the process was illegitimate you can state your case forcefully, provide as much evidence to the judge as possible however as stated before all this does is attempt to vacate the default judgment and return it the status that allows you to argue your case in court without being held hostage.
You must be able to survive without the cash in your bank was you authorize release of fund, you are in effect admitting guilt. We are hoping that the judge sides with us we are praying but nevertheless this has showed us a lot about the process and how the system works. Thank you to all who help keep this forums alive and informed

jamesjones · Posted: Thu Sep 11, 2008 12:53 pm Subject: Motion to Vacate Judgement Example

In the motion to vacate example, it states...comes now the plantiff, pro se...should this read, comes now the defendant?

Harvest · Posted: Wed Oct 01, 2008 6:26 pm Subject: Judgement

My son defaulted on a judgement, after paying 5 payments, due to his Daughter has Cancer. Now collectors want to garnish his wages and will not discuss monthly payments again. Anyway to get them to accept a new payment arrangement?

Posted: Mon Oct 13, 2008 10:02 am Subject: Should read defendant not plaintiff?

In the motion to vacate example, it states...comes now the plantiff, pro se...should this read, comes now the defendant?

I'm using your example, but unsure of this part. Other party has an attorney and I'm pro se.

In magistrate court (sm claims GA), I won. other party appealed. I didn't receive notice of date, so I missed and she got default judgment cancelling the order for money she owes me. Now I am filing motion to vacate and set aside judgment, so I can have a chance to re-present my case on her appeal. Since she has an attorney, I want to make sure everything is worded correctly.

Spoke with an attorney who said he would charge more than I'm due to represent me in this motion. Thanks for your help!!
Beverly

MEME · Posted: Thu Nov 13, 2008 3:45 pm Subject: WAGE GARNISHMENT

I WAS ORDERED TO APPEAR IN COURT FOR AN ACCOUNT CHARGED ON MY CARE CREDIT ACCOUNT (LIKE A CREDIT CARD BUT ONLY USED FOR MEDICAL PROCEDURES). IN 2006 I WAS CHARGED $1700 ON MY CARD BUT NEVER GOT THE PROCEDURE DONE. I NEVER GOT THE WORK DONE FROM THE DENTAL OFFICE. i RECIEVED MAYBE 2 OR 3 INVOICES STATING I OWED THE MONEY, THEN I CALLED CARE CREDIT TO LET THEM KNOW I DIDNT OWE THE MONEY BECAUSE I NEVER GOT THE PROCEDURE DONE, THEY TOLD ME TO CONTACT THE DENTAL OFFICE. I DID BUT THE LADY WAS NEVER IN AND NEVER CALLED ME BACK. SO I GOT LETTERS STATING THAT THEY WERE GOING TO GARNISH ME AND TAKE ME TO COURT. I NEVER GOT THE ONE THAT STATING THAT IT WAS GOING TO COURT BECAUSE I DONT LIVE AT THE RESIDENCE ANYMORE (ITS MY PARENTS HOUSE) AND MY FATHER SIGNED FOR IT AND DIDNT THINK ABOUT IT AGAIN THEREFORE I NEVER RECIEVED IT. SO NOW IT HAS GONE TO COURT AND THE JUDGEMENT WAS THAT THEY ARE GARNISHING MY WAGES! I HAVE CONTACTED THE COLLECTION AGENCY AND THEY SAY TO GET DOCUMENTATION FROM THE DENTAL OFFICE STATING THAT I DIDNT GET THE SERVICES DONE AND FAX TO THEM. I DID AND THEY SAY TO CALL THEM BACK NEXT WEEK BECAUSE THEU HAVE TO TAKE IT TO THERE CLIENT WHICH IS CARE CREDIT TO SEE WHAT THEY WANT TO DO. NOW MY QUESTION IS DO YOUTHINK WITH DOCUMENTATION AND THE DENTAL OFFICE BACKING ME UP STATING I NEVER GOT THE SERVICES DONE THEREFORE NEVER OWING THE MONEY CAN THEY STILL SAY I STILL OWE THAT MONEY AND CAN THEY STILL GARNISH ME? ARE THERE OTHER STEPS I CAN TAKE TO FIGHT THIS? ALSO, I AM NO LONGER WITH THAT DENTAL OFFICE THEY RELEASED ME BECAUSE THEY NO LONGER ACCEPT MY DENTAL INSURANCE ( IF THAT INFO HELPS).

-PLEASE HELP

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