Default Judgment hearing granted
Date: Wed, 04/21/2010 - 12:19
As I understand it, here are the options:
- The plaintiff's attorney doesn't show up (default likely vacated and case either dismissed or put back on calendar)
- The plaintiff's attorney shows up and doesn't object to vacate (and case is defended on merits)
- The plaintiff's attorney shows up and objects to vacate default at which point I will have to explain to the judge why I believe it should be vacated vs. the PA who will argue that it shouldn't be.
Assuming that the default is vacated, I have read that the case could be heard then, or it could be continued for a new date. What should I expect? Also, if the judge agrees to hear it on that day, what should I have prepared?
Thanks for the help!
Whether or not the case is heard on that day or postponed in the
Whether or not the case is heard on that day or postponed in the event that the default is vacated depends on your local court rules and probably the discretion of the judge. If the judge does agree to hear the case on that day you should bring all the evidence and paperwork concerning your case so that you can prove your position if you need to. If something comes up that you are not prepared for, you can try and ask the judge to postpone the case for another day, which may or may not work.
Quote:Originally Posted by AnonymousHi Everyone, I have a court
Quote:
Originally Posted by Anonymous Hi Everyone, I have a court hearing coming up at which the judge will hear why the default judgment against me should be thrown out. I have served the plaintiffs attorney with the RJI, OSC and supporting papers. My questions are about what I need to think about next and have prepared for that date. As I understand it, here are the options: - The plaintiff's attorney doesn't show up (default likely vacated and case either dismissed or put back on calendar) - The plaintiff's attorney shows up and doesn't object to vacate (and case is defended on merits) - The plaintiff's attorney shows up and objects to vacate default at which point I will have to explain to the judge why I believe it should be vacated vs. the PA who will argue that it shouldn't be. Assuming that the default is vacated, I have read that the case could be heard then, or it could be continued for a new date. What should I expect? Also, if the judge agrees to hear it on that day, what should I have prepared? Thanks for the help! |
a question.are you motioning to vacate for improper service or venue?those are two big reasons for vacating a default,and if you have proof of either.it shouldn't matter if the the PA shows or not.is there another reason besides those two?
Quote:Originally Posted by paulmergela question.are you motionin
Quote:
Originally Posted by paulmergel a question.are you motioning to vacate for improper service or venue?those are two big reasons for vacating a default,and if you have proof of either.it shouldn't matter if the the PA shows or not.is there another reason besides those two? |
Thanks for the replies so far. To answer your question I am motioning to vacate because "I was not served properly or in time to defend."
In the copy of filed documents for this case are two affidavits of service, one from an employee of the law firm, and a second from someone else (a process server maybe?) who claims to have served papers at my house on a "relative".
Also, prior to the default, there was never any validation of th
Also, prior to the default, there was never any validation of the debt requested by me or supplied by them, only an affidavit of some person who claims to be "fully familiar with the facts and circumstances of this matter."
So, if the default is vacated, will there be additional time for discovery and do I need to have a motion prepared just in case?
Quote:Originally Posted by AnonymousAlso, prior to the default,
Quote:
Originally Posted by Anonymous Also, prior to the default, there was never any validation of the debt requested by me or supplied by them, only an affidavit of some person who claims to be "fully familiar with the facts and circumstances of this matter." So, if the default is vacated, will there be additional time for discovery and do I need to have a motion prepared just in case? |
as long as you have proof that you were never served then.bring that with you.also when the default is dismissed then not only do you bring up the DV letter and demand validation during discovery.also object to the affidavit as hearsay as the affidavit should be from the OC not an employee of the PA.
So, I have an update on this and I wanted some input and feedbac
So, I have an update on this and I wanted some input and feedback please.
I filed my papers within the time specified and assumed, based on what I had read, that I would be appearing in court for this. I called the county clerks office today who transferred me to the assigned judges chambers. The person who answered the phone explained that the judge will review the papers and decide the action and an appearance is not necessary.
While I don't mind the opportunity to NOT appear in court, I had assumed that the judge would be hearing my side of the story, in connection with my submitted affidavit. The affidavit states that I wasn't served properly, the court lacks jurisdiction, SOL expired, no license number on complaint, suing for the wrong amount, etc... But I didn't explain "why" I felt service was improper again assuming I would do that before the judge.
So, on the one hand, the judge might decide to open the default based on my affidavit alone challenging jurisdiction or he/she could rule against me :( If that's the case, then what?
Hey Everyone! I'm hoping that someone could respond to Sub #7 a
Hey Everyone! I'm hoping that someone could respond to Sub #7 above....Thanks in advance.