Ask Experts Questions for FREE Help !
Ask
    John Aviles's Avatar
    John Aviles Posts: 1, Reputation: 1
    New Member
     
    #1

    May 21, 2015, 07:26 AM
    Motion
    What Forms or how to prepare a motion to set aside default judgment and lift warrant for missing hearing because I was never served
    talaniman's Avatar
    talaniman Posts: 54,325, Reputation: 10855
    Expert
     
    #2

    May 21, 2015, 07:37 AM
    The clerk of the court that issued the warrants would be my guess to get the proper form.
    AK lawyer's Avatar
    AK lawyer Posts: 12,592, Reputation: 977
    Expert
     
    #3

    May 21, 2015, 07:49 AM
    Quote Originally Posted by talaniman View Post
    ... proper forum.
    I think you mean form.

    If a default judgment was entered, it would be a civil case. In civil cases, normally warrants are not issued for missing hearings. The penalty for missing such a hearing can be, as in this case, entry of a default. You wouldn't be arrested too (unless there is something you aren't telling us).

    Is some sort of contempt of court possibly involved?
    talaniman's Avatar
    talaniman Posts: 54,325, Reputation: 10855
    Expert
     
    #4

    May 21, 2015, 08:08 AM
    I think you mean form.
    Yupppp! ;D
    cdad's Avatar
    cdad Posts: 12,700, Reputation: 1438
    Internet Research Expert
     
    #5

    May 21, 2015, 01:14 PM
    You should have received paperwork along with the judgement that states how to contest it as well as some timeframe to respond. As far as the bench warrant is concerned your going to have to answer to that matter in front of the judge before it can be lifted.

Not your question? Ask your question View similar questions

 

Question Tools Search this Question
Search this Question:

Advanced Search

Add your answer here.


Check out some similar questions!

CA: Filing a second motion after filing Notice of Motion & Motion for Child Sup. Mod. [ 2 Answers ]

In California Family Court, I recently filed a Notice of Motion and Motion for Simplified Modification of Order to reduce child support due to a job loss followed by a new job at much lower pay. I have a court date on February 23, 2010. Going through prior court documents from a hearing in 2008,...

Motion to set aside default, motion to set aside final judgment and motion to set ano [ 3 Answers ]

Hello, I'M in Florida Jacksonville, I have a small problem, I read the time wrong to appear for my small claims court trial and arrived at 11:15am but is was scheduled at 11am 9/3/09. I tried to explain but did not get anywhere, so I went downstairs to the courthouse and filed a motion to set...

Florida Law Of Civil Procedure ~ Motion To Produce - Motion For Trial [ 8 Answers ]

This lawsuit is regarding a cosigned loan originated in 1999 which we believe to have been satisfied in full. We also believe it's outside the SOL and many other things, but that's not the issue at hand. The issue at hand is current actions. On January 29, 2008 we filed two motions: 1....

Florida Law Of Civil Procedure ~ Motion To Produce - Motion For Trial [ 6 Answers ]

Our daughter is being sued by a collection agency for a debt she does not think she owes. We had a pretrial hearing this week whereby the plaintiffs attorney was present via telephonic hearing. That is to say, we were in chambers with the Judge, while the plaintiff attorney was on "speaker...

Need motion in opposition to defendants motion for summary judgement & TO STOP Thief [ 5 Answers ]

Good day all,received a motion in the mail "plaintiff's motion for default judgement as to defendents xxxxxx,xxxxxx,xxxxxx, and judgement on the pledings as to defendant xxxxxxx (state gov agency that sold the tax deed ) this case is about a overlooked tax lein sold against my grandmothers house ...


View more questions Search