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motion to set aside default judgement

Submitted by on Mon, 01/09/2006 - 12:11
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On what grounds will a judge grant a new hearing when a defendent does not show up for court.
Randy


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.


Submitted by ben on Mon, 01/09/2006 - 12:30

ben

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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


Submitted by on Fri, 08/08/2008 - 13:18

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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.


Submitted by on Thu, 09/18/2008 - 10:46

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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???


Submitted by on Mon, 10/13/2008 - 19:51

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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


Submitted by on Tue, 10/28/2008 - 12:34

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i was on time for court but late getting up to the courtroom the five min cost me, the judge granted the other partie how can i bring this case back to court for a hearing


Submitted by on Wed, 04/29/2009 - 21:58

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i hired a contractor to build a deck onto my home after the storm, i had a tree to fall on the old deck the contractor did not complete the job he file a civil suit again me we had a court date i was late only five min the guard would not let me bring in the things that i had to the courtroom and that was the reason why i was late the judge granted him now what is it that i need to do to get this case back in court and how much time do i have to file a motion


Submitted by on Wed, 04/29/2009 - 22:06

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Quote:

Originally Posted by Anonymous
i hired a contractor to build a deck onto my home after the storm, i had a tree to fall on the old deck the contractor did not complete the job he file a civil suit again me we had a court date i was late only five min the guard would not let me bring in the things that i had to the courtroom and that was the reason why i was late the judge granted him now what is it that i need to do to get this case back in court and how much time do i have to file a motion


As stated in the above post you need to file a motion to vacate. How much time you have to file depends on your local court rules.


Submitted by OVLG Attorney on Thu, 04/22/2010 - 15:47

OVLG Attorney

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I got a DEFAULT JUDGEMENT AGAINST MY EX HUSBAND IN MAY 2010, HE STATED HE WAS NOT REPAYING ME ANYTHING BEFORE COURT AND DID NOT SHOW EVEN AFTER HE RECEIVED HIS NOTICE TO SHOW, IN AUGUST I FILE A NON WAGE AND A WAGE GARNISHMENT AND AFTER HE RECEIVED IT FROM HIS JOB OF MY INTENTIONS, HE RAN TO THE COURTHOUSE AND FILED A SET ASIDE MOTION. I HAVE MY RECEIPTS AND WAS TOLD BY THE CLERK THAT THE GARNISHMENT WILL GO THRU STILL. I PLAN ONTO FILE A MEMORANDUM IN OPPOSITION ASKING THE MOTION TO BE DENIED BECAUSE OF THE TIME LASPED AND THE FACT THAT HE DID RECEIVE NOTICE AND DID NOT EXPECT A GARNISHMENT. iS IT POSSIBLE THE JUDGE WILL HONOR THIS MOTION ON HIS BEHALF


Submitted by on Thu, 09/02/2010 - 18:50

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