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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Criminal Law
Satisfied Customers: 88666
Experience:  Attorney with over 20 years law enforcement, prosecution, civil rights and defense experience
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I was sued by a past tenant in Tucson, AZ for withholding security

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I was sued by a past tenant in Tucson, AZ for withholding security deposit. I filed all appropriate paperwork; Answer, Counterclaim and App for Default Judgment. I was awarded Judgment by Default. Upon receiving the judges order in the mail, the plaintiff filed a Motion to Set Aside Judgment stating he was out of town and unaware.........

The plaintiff and I talked numerous times. I even called while I was filling out the application for default. I offered to dismiss the whole situation but told him he would have to fill out the initial dismissal paperwork, which he obviously never did. I have phone logs showing our call history. I even called the day he received my Application for Default........... He will not accept Certified Mail so I have been sending mail with Delivery Confirmation.

He has abused the court system in the past and has numerous other court related issues (I did a thorough background check on him using his ss# XXXXX was provided on the tenant information sheet).

I am now going to file a Response to His Motion to Set Aside Judgment. I am asking that the Judgment be Upheld. I also want to have this guy charged with Abusing the Process as well as Perjury. He lied about going "out of state" on emergency. Phone records from land lines and work time sheets can prove that.

Your advice?
Submitted: 2 years ago.
Category: Criminal Law
Expert:  Law Educator, Esq. replied 2 years ago.
You would raise this in your objection to the motion to set aside. You would attach the phone logs to show he was aware and was in town and as part of your prayer for relief you would ask for sanctions against him for not being truthful to the court regarding his grounds to set aside the default. It is up to the court to review that and decide on perjury charges or not.

Generally, upon seeing this evidence the court would generally deny the motion to vacate default and order the enforcement of the default. Adding his girlfriend or whatever into the suit really just makes the matter more complex. See what happens with the motion to vacate first. If the court vacates, then you can add the girlfriend by asking for leave to amend your complaint and add her as a defendant if she was a tenant and you also have claims against her.


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Customer: replied 2 years ago.

You state:


 


as part of your prayer for relief you would ask for sanctions against him for not being truthful to the court regarding his grounds to set aside the default. It is up to the court to review that and decide on perjury charges or not.


When and how is this done - ask for sanctions against him? What document do I use? Do I include this with my reply to his Motion to Set Aside?

Expert:  Law Educator, Esq. replied 2 years ago.
This is done in your answer objecting to the motion to vacate the default. You would state that you ask the court to rule in your favor denying the motion to vacate the default and to sanction the defendant for being untruthful with the court in their basis for seeking to vacate the default. It is entirely up to the court then as part of the hearing process to vacate the default.
Customer: replied 2 years ago.
Sanction the Defendant????? I'm pretty sure you meant to type Plaintiff..
Expert:  Law Educator, Esq. replied 2 years ago.
I am sorry, you won as counterclaim plaintiff, forgive me, I mean sanction the other party to make it clearer to you.
Law Educator, Esq., Lawyer
Category: Criminal Law
Satisfied Customers: 88666
Experience: Attorney with over 20 years law enforcement, prosecution, civil rights and defense experience
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