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Default judgement
We have had a default judgement entered in a case involving our house. (Equitable distribution 10 years after the divorce). Since there was never a court date or hearing date, we never responded (as well as not having any money for a lawyer and the claims being mostly bogus "oral agreement" claims). Being under the impression that a judgement could not be entered unless you didn't show up for a hearing or court date, we thought a judgement couldn't be passed. Lo and behold it was. Is this a good reason to vacate the judgement? Now a hearing is coming up in a few hours to determine damages (also bogus).Do we have any chance, or should we just give up and die?
Totally desperate. Please help. |
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How to vacate a default judgement
I am very sorry to be such an a** as to double post this question, but I MUST have an answer in less than 2 hours. I don't mean to overstep boundaries, but it's so vital I have no words for it. Again, sorry.
We have had a default judgement entered in a case involving our house. (Equitable distribution 10 years after the divorce). Since there was never a court date or hearing date, we never responded (as well as not having any money for a lawyer and the claims being mostly bogus "oral agreement" claims). Being under the impression that a judgement could not be entered unless you didn't show up for a hearing or court date, we thought a judgement couldn't be passed. Lo and behold it was. Is this a good reason to vacate the judgement? Now a hearing is coming up in a few hours to determine damages (also bogus).Do we have any chance, or should we just give up and die? We have a 5yr old and we really need this house. It's our only option for shelter. Totally desperate. Please help. Ps. The reason we didn't reply was because a) we thought a court/hearing was required and b) we didn't have the TIME resources nor the money to "outsource" to a lawyer. Extreme suffering going on here, working 150 hours a week under deplorable conditions for lack of a better option. It is true and somewhat verifiable, but is this usable? Also HOW LONG do we have to file such a motion to vacate? Please help. |
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First, if you do not respond to a summons, then a default judgment is entered against you. Not sure why you thought you could just not show up and nothing would happen. Generally a summons doesn't list a date for a hearing. You first have to answer the summons with an Intent to Defend before a hearing is scheduled. Second, this is not a chat site, you need to wait until someone who can answer the question sees it and responds. Since you were properly served, I'm not sure you can vacate the judgment. You need to file immediately, but I'm not sure on what grounds you can even file. Ignorance of the law is not a valid ground. Go to the hearing and throw yourself on the mercy of the judge. If you have evidence that the amount being sought is "bogus" produce it. |
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