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?
State/Country relating to question: Arizona
Talking to Plaintiff. However he often lies and doesn't do what he says he will do.
I have also talked to his girlfriend/wife of his child who was unaware of the whole situation. She was also my tenant. He filled out the initial summons only using his name, but I am thinking I will add her to the lawsuit, or start a new summons with her.
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.
PLEASE USE THE REPLY BUTTON IF YOU HAVE FOLLOW UP QUESTIONS AND NOT THE FEEDBACK BUTTON EVEN IF THE FEEDBACK SAYS NEED MORE OR HELPED A LITTLE, THIS IS NOT HOW TO GET MORE INFORMATION.
PLEASE CLICK ON “OK,” “GOOD” or “GREAT” SERVICE
I hope you found my answer helpful, but please understand that if you did not get all of the information you may have wanted to use the REPLY button and we are happy to continue working with you to get you all of the information you require.
Kindly remember to ONLY rate my answer when you are fully satisfied. If you feel the need to rate anything less than OK, please stop and reply to me via the or REPLY TO EXPERT button with whatever issue or clarification you may need. I will be happy to continue further and assist you until I was able to explain your concern to your satisfaction.
Please click the top THREE POSITIVE FACES so that we can get good feedback for working with you.
If you have additional questions, please keep in mind that I do not know what you already know or don't know, or with what you need help, unless you tell me. Please consider that I am answering the question or question that is posed in your posting based upon my reading of your post and sometimes misunderstandings can occur. If I did not answer the question you thought you were asking, please respond with the specific question you wanted answered.
Also remember, sometimes the law does not support what we want it to support, but that is not the fault of the person answering the question, so please be courteous.
PLEASE NOTE WELL, LEGAL ANSWERS TAKE MORE THAN “MINUTES” TO PUT TOGETHER AS WE ARE DEALING WITH LAWS OF 50 STATES PLUS FEDERAL LAWS, AS WELL AS DEALING WITH OTHER CUSTOMERS, SO PLEASE BE PATIENT IT WILL BE MORE THAN “MINUTES” IN SOME CASES BEFORE YOU GET A RESPONSE, BUT BE ASSURED YOU ARE NOT BEING IGNORED.
There can also be a delay of an hour or more in between my answers because I may be helping other customers or taking a break.
You can always request me through my profile at http://www.justanswer.com/law/expert-paulmjd/ or beginning your question with “For PaulMJD…”
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?
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.
Sanction the Defendant????? I'm pretty sure you meant to type Plaintiff..
I am sorry, you won as counterclaim plaintiff, forgive me, I mean sanction the other party to make it clearer to you.
Attorney with over 20 years law enforcement, prosecution, civil rights and defense experience
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).