After default of judgement I am filling out Notice of Motion and I was wondering do I just describe my defence for this case in written form in this Motion or I do I have to explain that I did not received the documents on time( it was serves at work place at hospital setting on a very busy unit and I found them in my file folder just now) . Thank you.

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Originally Posted by chitik

After default of judgement I am filling out Notice of Motion and I was wondering do I just describe my defence for this case in written form in this Motion or I do I have to explain that I did not received the documents on time( it was serves at work place at hospital setting on a very busy unit and I found them in my file folder just now) . Thank you.

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I don't know where you are - what State - but first you file the Motion to get the Judgment set aside, apparently for bad service.

Then when it's set aside you will be served again (assuming you were not properly served) and that's when you present your defense to the debt. What is your defense to the debt? I understand your defense to the default Judgment.

Thanks, I submitted this morning Notice of Motion and the clerk gave the court date already for next moths. Yes I will present my defense, Plaintiff did not verified my account activities properly. I mean dated of activities the plaintiff provided did not match the credit printouts. The interest charged for all years and one of the Judge was telling before that interest should not be charged if no activities were done on this account. At the same time my last activity of this account was in 2004 ( but I do not have the original statement anymore but neither the plaintiff has no statement about account activities) and SOL takes plays here as well. I will try to defence. Thanks again.