Internet's first get-out-of-debt community - 136,000 members

RRandy · Posted: Mon Jan 09, 2006 1:11 pm Subject: motion to set aside default judgement

On what grounds will a judge grant a new hearing when a defendent does not show up for court.
Randy

Posted: Mon Jan 09, 2006 1:30 pm Subject:

Hi RRandy

In case when the defendant fails to reach the court on the hearing date, the plaintiff will be automatically awarded with a default judgment. This default judgment can be set aside if the defendant files a motion with the court. A new hearing date will be set and both, the plaintiff and the defendant will be notified about the new hearing date. All the judgments will be set aside till the new hearing has taken place.

In the other case, when the plaintiff fails to appear on the hearing date, the case is dismissed until he files a "Motion to Set Aside Dismissal" and gives a legitimate excuse. A form is filled with the court and new dates can be set for both the parties.

Ernest · Posted: Fri Aug 08, 2008 1:18 pm Subject: Judgment claim and delivery

I signed a claim and delivery judgment without claiming for storage fees . The plainfiff got there property. The court said the case is closed and will not honor my counter claim unless I ask for a motion to set aside judgement . What is my defense for the motion ..stupidity

Divine Dogbatse · Posted: Thu Sep 18, 2008 10:46 am Subject: Default Judgement against me in 2004

I had a default judgement against me. Even though I don't know anything about the debt,the plaintiff is still trying to make me pay this debt. What can I do now? I filed a motion once to have it thrown away but the judge deny the motion.

Kasey

I got paperwork from the court giving me 28 days to respond for a cc company that says I owe them. I did not respond in the 28 day period. Later, I got paperwork from the plantiff with the hearing date and time. I showed up for the hearing and the plantiff did not. I went before the magistrate and she gave me 2 weeks to seek advice on what I could do from an attorney. I cannot afford an attorney and I do not know what I can do. I have all of the bank statements for 3yrs showing I paid faithfully and do not agree that I owe. What can I do now???

Kasey

just to clarify, the hearing I got paperwork for was the judgement by default hearing date....

sue · Posted: Tue Oct 28, 2008 12:34 pm Subject: answer filed on default judgement

I file a answer on the default judgement and the attorney swore that i did not file one i have a registered leter receipt to prove that i did. I filed with the county to and they recorded the letter can a lawyer lie on this motion

*Name:
*Email:
*Phone:
*Zip:
*Debt

	* denotes required field

Internet's first get-out-of-debt community - 136,000 members

motion to set aside default judgement

Members Area

Free Debt Counseling

Ask the community

Also See

Featured Discussions

Featured Articles

Recent Forum Discussions

Recent Blog Post