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Infolawyer, Attorney
Category: Landlord-Tenant
Satisfied Customers: 55441
Experience:  Experience representing landlords and tenants.
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I was the plaintiff in an eviction.. The defendant won a default

Customer Question

I was the plaintiff in an eviction.. The defendant won a default judgment because I missed the court date.. She countersued and was awarded $11,500 at the hearing.. The reason I missed the court date was a clerical error causing the notice to go to the wrong address...therefore delaying the notification. I filed a motion to vacate the judgment based on that fact but the judge denied me a new hearing based on the defendants motion not to vacate it saying the notice went to the right address... which was a lie... She lied to the judge in her motion not to grant me a new hearing based on not being properly notified. Even the clerk who hand wrote the address on the envelope says it was wrong in the system and wrong on the envelope... The judge decided this on the last day I could file for an appeal and therefore I did not file the appeal within the 7 day period... Is there anything I can do to get my side of the story before a judge because if I could this person would most likely not get this judgment.
Submitted: 1 year ago.
Category: Landlord-Tenant
Customer: replied 1 year ago.
This was filed in Fulton County Georgia. I don't know if I made this clear.. I filed a motion to vacate the judgment.. The defendant filed an answer to my motion to vacate the judgment stating the address was right which was a lie.. Can the defendant lie in her answer in such a way that would cause a judge to make a decision in the defendant's favor
Expert:  Infolawyer replied 1 year ago.
are you asking if you can open up the judgment?
Customer: replied 1 year ago.
I am asking what I can do to get my case heard and the judgment repealed... The magistrate judge must have believed her story about all of the reasons she felt justified in counter suing.. When I filed a motion to set aside the judgment and hear the case again it was denied by the magistrate judge based on a motion she filed saying why she thought the default judgment should stand... In her motion to deny she listed several reasons why and one was refuting my main reasons which was I did not receive proper notice of the court date... She lied in her second motion and said that I did receive it and that the address on the envelope I submitted as a document was the right address and that it looked tampered with.. I have a witness that opened it... She was attempting to discredit my evidence... My biggest mistake was not submitting an affidavit from the court clerk who hand wrote the wrong address on the envelope and confirmed it was the wrong address by going to his computer and told me that it was in fact entered as the wrong address in the computer... How could I show up for the court date if I didn't get the notice in the mail as I was supposed to... The court date was Tuesday and because of the error it didn't get delivered until Tuesday.. I do have a witness to that fact... The only reason I think he denied it was because he read her answer and believed it... even though her whole case in the counterclaim is loaded with refutable complaints she created to be a smoke screen of excuses for not paying the rent.. Her damages are totally fictitious and without documentation... This woman is a lawyer and knows what she is doing and I think this is not the first time she has done this... I have witnesses and documents to present that counter her claims.. so I need to get this heard... If I can prove that she lied in her motion is there a consequence for doing that? Because her lies most likely swayed the judges decision to deny my motion to void the judgment and rehear the case. I did file for an appeal at the same time I filed to void the judgment and ask for a new hearing. ( I just now saw that the appeal was denied because default judgments are not appealable) Here is a link to the
.Case No. 15ED008410
MARY POTTER VS. ELLEN COOPERUnless you have a suggestion, it looks like she won this case and it is so unjust.. everything she said in her counterclaim was a lie and she does not deserve this judgement... She does this type of thing for a living... Is there anything at this point I can do ? Thank you for your help...
Customer: replied 1 year ago.
(Posted by JustAnswer at customer's request) Hello. I would like to request the following Expert Service(s) from you: Live Phone Call. Let me know if you need more information, or send me the service offer(s) so we can proceed.
Expert:  Infolawyer replied 1 year ago.
File a motion to vacate the default. Usually court will grant where non appearance is explained and claims have merits.I wish you the best. I trust the answer has been helpful. kindly let me know.
Customer: replied 1 year ago.
I did that and it was not granted... Even though the court clerk said that
it was sent to the wrong address...
Expert:  Infolawyer replied 1 year ago.
I would attempt again highlighting the wrong address. You had no notice of the appearance you missed. You may also consider seeking reargument or appeal.

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