Default Judgement
Date: Wed, 03/03/2010 - 05:10
I have a civil suit default judgement on 02/09/2010 in Canadian County, Oklahoma from a credit card debt. I did not appear due to illness and taking pain medications (fear of disrespecting the court) nor did I file the discovery because I didn't know how. I have doctors notes and copies of prescriptions. How long do I have to file a motion to vacate or what are other options? The only information I received from the Court Clerk was that Oklahoma is a non form state. I can't afford an attorney much less the filing fee. Also, would there be a warrant for my arrest for not appearing? Also, the obligation is with Midland Funding LLC and I have never received anything from them prior to the legal paperwork via the attorney.
I have tried: Aside from reading the Official Court Rules, I inquired in the Court Clerks office, Oklahoma Bar Association, Free Legal Aid, internet search, etc. I was pretty much told to hire an attorney and Legal Aid said they couldn't help unless I had children or losing my home. I can't afford attorney fees or filing fees. Any advice appreciated. Thank you.
I have tried: Aside from reading the Official Court Rules, I inquired in the Court Clerks office, Oklahoma Bar Association, Free Legal Aid, internet search, etc. I was pretty much told to hire an attorney and Legal Aid said they couldn't help unless I had children or losing my home. I can't afford attorney fees or filing fees. Any advice appreciated. Thank you.
Well, you won't like me saying that, you're pretty much stuck. N
Well, you won't like me saying that, you're pretty much stuck. Neither did you appear on the court date nor did you request to change the court date for your illness. IMO there is very little for you to do now to vacate the judgement.
file a motion to vacant. you can search a format on google or se
file a motion to vacant. you can search a format on google or see if they have one at the court house. At this point you have nothing to lose bc they already got the judgement. You already listed some reasons. Just remember to do an affidavit along with the motion. The affidavit is basically your testimony (what you swear to) while the motion is your legal arguement to the court. Google it
