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    ireland13's Avatar
    ireland13 Posts: 1, Reputation: 1
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    #1

    Dec 29, 2008, 10:44 AM
    Default judgement reversal
    Hello folks: I had a default judgement entered against me because I didn't show up at court. The plantiffs lawyer who has contacted me before in writing did not send me a summons. They did send one secondhand to my probono lawyer who forgot to forward it to me. I received nothing from the court, which has also contacted me before. How do I pursue a motion to vacate and set aside this default judgement? I have a story to tell, which is that the statutes of limitations have passed for the plantiffs suit. Thanks, ireland13
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #2

    Dec 29, 2008, 11:01 AM
    Quote Originally Posted by ireland13 View Post
    Hello folks: I had a default judgement entered against me because I didn't show up at court. The plantiffs lawyer who has contacted me before in writing did not send me a summons. They did send one secondhand to my probono lawyer who forgot to forward it to me. I received nothing from the court, which has also contacted me before. How do i persue a motion to vacate and set aside this default judgement? I have a story to tell, which is that the statutes of limitations have passed for the plantiffs suit. Thanks, ireland13


    I don't know which State you are in but if your Attorney, pro bono or not, accepted service on your behalf you have been served. There is no need to serve you personally if your legal counsel has accepted service for you.

    If you want to attempt to set the Judgment aside you would have to file a Motion to do so, citing the reasons the Judgment is null and void, not your defense to the lawsuit. You plead your defense at the rescheduled hearing.

    You also now have an action against the pro bono Attorney for failing to advise you or forward the papers to you in a timely fashion.
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