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Dave Kennett
Dave Kennett, Lawyer (JD)
Category: Legal
Satisfied Customers: 27689
Experience:  25 years experience in general law, including real estate, criminal, traffic, and domestic relations
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A motion for default judgment was filed against me on 10-25

Customer Question

A motion for default judgment was filed against me on 10-25 for failing to respond to the summons. I just got a copy of the motion in the mail today. Will I be notified of a date for the hearing so I can show up and object?
Submitted: 3 years ago.
Category: Legal
Expert:  Dave Kennett replied 3 years ago.
Dear JACUSTOMER - It is unlikely there will be a hearing. If you never filed an answer or a response in the case within the allowed time then the court will issue the judgment. You can file a written memorandum in response to the motion to state why the motion should not be granted but if it is granted your only option is to then file a motion to vacate. You have to have to reasons to be able to overcome a default judgment. One is that you have to show a good reason why you never responded to the complaint and two that you have a legal defense to the compliant. If you have no defense the court is not going to reopen the case just to grant another judgment.
Customer: replied 3 years ago.

Thanks for answer.


The response was due on the 24th. On Sunday night (the 28th) I checked the online Registry of Actions and didn't see that a motion for default judgment had been filed, so I filed an answer late on monday (the 29th). Today I received the copy of the motion for summary judgment that was apparently filed on the 25th. Tonight, on the online Registry of Actions my answer is recorded, and the case is still listed as "pending", but the motion for default judgment still has not been recorded.


-- so based on all that can I assume that motion has not yet been granted and I should hurry and file a written memorandum tomorrow morning?



Expert:  Dave Kennett replied 3 years ago.
I would file a written response to the motion and attach a copy of your answer. Hopefully the court will accept the answer and deny the motion for default.

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