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Lawrence N. Rogak, Insurance Atty
Lawrence N. Rogak, Insurance Atty, Lawyer
Category: Legal
Satisfied Customers: 1033
Experience:  26 years litigating important insurance and injury cases; well-known legal author
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This is a Contract case involving an ex- girlfriend

Customer Question

This is a Contract case involving an ex- girlfriend suing me for fabricated, erroneous and fictitious goods/debts. I was served a summons in June of 2006, and my thinking was that if it ever went to court, It would be completely denied, reversed or removed from any type of litigation. I was waiting to hear any further news or action, and was not notified of anything further. On Wednesday Mar 26th, I found a certified letter in my mailbox at work (someone else signed for it and I don''t know who) that there is a "Notice to Garnish Earnings within Ten Days", sent Mar 24, 2008. So, I found that the case had been tried and awarded against me, without my knowledge of a court hearing or date. I went down to the Ramsey courthouse and read and copied the Notice of Docketing of Judgement, Affidavit of ID of Judgement Debtor, Notice of Entry of Judgememnt , order Directing Entry, and case number. Can you please help, and very soon? I don''t know what to do or what course of action is availabl
Submitted: 6 years ago.
Category: Legal
Expert:  Lawrence N. Rogak, Insurance Atty replied 6 years ago.

What you do, is go down to the courthouse personally and speak to the clerk of the court. Tell the clerk you are representing yourself (the legal term is "pro se") and you need to file an Order to Show Cause to vacate a default judgment. Many courts will provide a pro se litigant with forms for this purpose, to make it easier. The Order to Show Cause should be filled out with the name of the case, the docket or index number, the relief you are seeking (in your case, it would be "vacate a default judgment") and your excuse for the default (for example, "I received no notice of a hearing date or trial"). The form will also probably ask you if you have a valid defense to the plaintiff's lawsuit. This is to make sure that if the default is vacated, you will not be wasting the court's time with a trial on a case where you have no defenses. You would write something like, "Plaintiff is my ex-girlfriend and she fabricated completely fictitious claims. I do not owe her any money and her claims have no basis in fact."

In the majority of instances like this, a judge will sign the Order to Show Cause and give a date for a hearing. You will be instructed to serve the Order (by certified mail, personal service or some other method).

On the hearing date, you will explain to the judge why you did not appear on the trial date, and why you have a valid defense to the suit. Your ex-girlfriend will probably be there too, telling her side of the story.

It is more likely than not that the judgment will be vacated and you will get a chance to defend yourself at trial.

I hope this helps.

Lawrence N. Rogak, Insurance Atty, Lawyer
Category: Legal
Satisfied Customers: 1033
Experience: 26 years litigating important insurance and injury cases; well-known legal author
Lawrence N. Rogak, Insurance Atty and 7 other Legal Specialists are ready to help you
Customer: replied 6 years ago.
Thank you very much. I will go file this Order to Show Cause to Vacate a Default Judgement today.

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Lawrence N. Rogak, Insurance Atty
Lawrence N. Rogak, Insurance Atty
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26 years litigating important insurance and injury cases; well-known legal author