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siennasmommie · Nov 24, 2009, 03:04 PM

I received the papers stating that I was being sued in June... 3 days later I received a letter stating that a hearing was scheduled in Nov. so I never answered the summons (if that's what it is called)... I was under the impression that I had a hearing... I called to confirm my hearing date and time... a day before and was told there was a default judgement entered in aug. I'm trying to get the judgement oerturned so that I may defend myslef in court but the prothonataries office told me that since I am not the plaintiff I can not have the judgement vacated or set aside... I di have a very winable case but I think I've hit a brick wall... any ideas?

twinkiedooter · Nov 24, 2009, 06:29 PM

You needed to answer the Complaint when you first got served with the paperwork. Now, how many months later it's definitely a moot point. You have no excuse or any case law to back up your claim that you thought you could just wait until the hearing in November to answer the complaint. The complaint clearly stated when the answer was due and you simply ignored it.

Had you answered the complaint in due time you would not be in the mess you are in now. They have the default judgment in place since August and now you've just gotten around to noticing it.

No attorney can work any "magic" to make this judgment go away at this point in the game. Sorry.

siennasmommie · Nov 24, 2009, 07:59 PM

Originally Posted by twinkiedooter

You needed to answer the Complaint when you first got served with the paperwork. Now, how many months later it's definitely a moot point. You have no excuse or any case law to back up your claim that you thought you could just wait until the hearing in November to answer the complaint. The complaint clearly stated when the answer was due and you simply ignored it.

Had you answered the complaint in due time you would not be in the mess you are in now. They have the default judgment in place since August and now you've just gotten around to noticing it.

No attorney can work any "magic" to make this judgment go away at this point in the game. Sorry.

I wasn't hoping to have a magic answer like I said I had every intention of answering the claim but less than a week later I received the paper in the mail stating that the court hearing was scheduled for nov. 23. When I called the courthouse to confirm is the only time I found out there was a default judgement I had every intention of going to the court hearing... why would I get a paper stating that the was a hearing schedule BEFORE I answered the claim??

ScottGem · Nov 24, 2009, 08:08 PM

Do you still have that paper? Who was it from? What exactly did it say?

By the way, whoever told that you can't get the judgment vacated because you aren't the plaintiff doesn't know what they were talking about. While you may not have grounds to vacate, you certainly have the right to file a motion to do so. That motion will be ruled on its merits.

siennasmommie · Nov 24, 2009, 09:18 PM

What paper the one that says the court date? Yeas and it came in the mail from the court house... the prothonitaries office at the court house said I couldn't file a motion to vacte because I wasn't the plaintiff in the case... I feel like I've hit a brick wall... I don't even know who the company is that's sueing me... I never received anything from them until I got the papers from the sherriff and at that time I was going through a foreclosure... that has since been taking care of but now I have this mess... I have been trying to contact a lawyer but I'm not even sure what kind of lawyer I need... I can't really afford one either and I had a free consultation and the info he gave me was very helpful but is located halfway across the state and won't take the case

ScottGem · Nov 25, 2009, 04:49 AM

Again, It is NOT true that you can't file a motion to vacate. The party who lost is the one who would be filing such a motion. So either you misunderstood something or they did.

You have to know who is suing you. The plaintiff is listed on the summons.

What court issued the summons (civil, small claims)?

If you have a copy of the letter, you MAY be able to get the judgment vacated. You can show the letter and explain in your motion that you were under the impression that the notice of a hearing meant you did not need to do anything more until the hearing.

It may be allowed, it may not.

If the court clerk does not allow you to file such a motion because you aren't the plaintiff then ask him to cite what statute or rule states that. Tell them, your research shows that the party who the judgment was applied against has the right to file such a motion.

jolt40 · Nov 26, 2009, 12:58 AM

First thing you need to do is go to the court and get a copy of the recorded judgment. It should have all the information you need to file a motion to vacate (or an order to show cause to vacate a judgment) including but not limited to 1) affidavit of service. 2) complaint. 3) summons. 4) affidavit of facts or something similar

jolt40 · Nov 26, 2009, 01:32 AM

You also need to go to the court where the judgment was entered and as them how to file a motion to vacate the default judgment. A clerk should tell you where to go and what you would need to proceed with this.
You need to look at the papers and answer these questions:
Who sent the papers and when? Who sent the paper stating that a hearing was scheduled for xxxxx date?
Did you receive the summons? How were you served?
If a default judgment has been entered you need to have a defense why you didn't respond to the summons.
But you need to answer the questions originally asked.

siennasmommie · Dec 7, 2009, 10:49 AM

OK so the lady at the court house said that I can file the motion but they basically told me they don't know how to do it... there is no form to fill out and they are getting me copies of all the paper work... any ideas where to go from here?

ScottGem · Dec 7, 2009, 08:12 PM

You never answered what court this is.

siennasmommie · Dec 7, 2009, 09:47 PM

Sorry... civil

ScottGem · Dec 8, 2009, 06:47 AM

OK, Civil Court is more formal. So you will need to present proper forms. I suggest you check out local Law schools. Many have free or low cost clinics staffed by students who can help you prepare forms.