Motion to set aside default judment
Date: Fri, 12/11/2009 - 13:27
In addition I had contested in my response in Aug 2006 the original amount I owed. Not much difference but about $400.00. I am wanting to file a traverse and a motion to set aside default judgment to have my day in court and hopefully postpone this garnishment and hopefully reduce the enormous amount of interest of $2695.14 that has been tacked on. Is this what I need to do? Am I missing anything? Do I attach the certificate of service on the Travese and the Motion to set aside and have on a separate sheet of paper the Order?
hang on a second, let me make sure I am getting this right....
hang on a second, let me make sure I am getting this right....
You were served with a summons, and you filed your answer. And 40 months later, without hearing anything during that whole time, you suddenly get notice of default judgment against you? Is this correct?
OK, some questions. First, what state are you in? Next, do you recall the month and year in which you made your last payment on that account?
First thing I would do is contact the court clerk's office where this went to court, and review the entire docket record for this case. It should tell you if your answer was properly received and noted, and what other things have happened since that time. Seems to me that they would need to notify you of any further court dates and such, once you answer. Also, did they file the case in the county where you live? If not, then they filed in the wrong place and you can try to file to vacate the judgment due to improper venue.
When you answered the original summons, did you show up in court
When you answered the original summons, did you show up in court or just send in an answer?
from what im reading i think the OP is saying they received the
from what im reading i think the OP is saying they received the notice of garnishment and filed an answer to that, not the summons. i could be wrong, but thats what i looks like.