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AttyCBradford
AttyCBradford, Lawyer
Category: Legal
Satisfied Customers: 588
Experience:  Attorney At Law
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I have a court date set for Feb. 13. Im requesting for

Resolved Question:

I have a court date set for Feb. 13.

I'm requesting for the judge to deny their requests for default judgement against me where they are saying I did not respond to their petition correctly.

I have file a response to their petition addressing all there question after I got the motion for default judgement with my defense.

I send in after receiving the ORDER SETTING HEARING ON MOTION FOR DEFAULT JUDGMENT showing the dates of my response with exhibits of copy of my certify mail, return receipt, and a copy of my first page where it shows the stamp the court put on my response.

If I understand this is just to stop the motion for default judgement and force them to continue the process. Is this correct?

What would be some good words I could use asking the judge for deny their motion?

What can I expect from there lawyer, will they try to pretense to get me to agree to something that not in my best interest?

Any other thing you might think I need to know of.

Thanks,
Submitted: 1 year ago.
Category: Legal
Expert:  AttyCBradford replied 1 year ago.

AttyCBradford :

As long as you have filed to set aside the default that was entered in against you within the statutory time frame, you are allowed to file an answer. Sounds like what happened was that the plaintiff filed a complaint, and you did not answer within 30 days of being served. They then asked to the court to default you out for not answering within the specified time frame, and allow them to proceed without you. The next step is to get a judgment to enforce. It seems as though that is where you are at. If you file to set aside the default and file an answer, then the judgment cannot be entered by default against you

AttyCBradford :

thank you

AttyCBradford :

If you have additional questions, please feel free to ask, otherwise, please accept so I can get credit for my work

Customer:

I had a settlement company prepare a letter to send into the court clerk, in there motion they mention I didn't answer it correctly and was wanting a default judgement. I did send this within the 30 day.

Customer:

Then I file another response doing what they said wasn't done within a week of getting it

Customer:

does this help me showing I'm trying

AttyCBradford :

Yes it does. You need to file a motion to set aside the default though if the default was taken within the time period THe grounds for setting aside the default would be referred to as "surprise" meaning you had absolutely no idea a default would be entered as you thought there was going to be a settlement worked out in the case

AttyCBradford :

If I have answered all your questions then please press accept and provide positive feedback, so I receive credit for my work. If not and you have additional questions please ask, and I will respond promptly. Please note: this is a PAID ANSWERING service, once your question has been answered, press accept. This conversation does not constitute an attorney-client relationship and is offered for informational purposes only. Lastly, sometimes it may take a moment to respond as I work with several customers at a time. Thank you and best of luck.

Customer:

How would I go about filing a ruling a judge allow it to continue.

Customer:

OKLA.STAT.TIT,12, 2012(A)

Customer:

as a example

AttyCBradford :

How to file fo the motion? You would just file the motion to set aside the default with the court clerk

AttyCBradford :

If there isa hearing date you can appear on that date as well and ask for it to be set aside, although a formal noticed motion is the best manner

Customer:

motion has been file

AttyCBradford :

let me look at that statute

AttyCBradford :

hold on one moment

Customer:

I have file this motion to deny it

Customer:

send it to the clerk and the lawyers who is handling this case

Customer:

I think this was the formal notice your talking about

Customer:

I copy the court page I got in the mail

AttyCBradford :

Okay under that statute you should have responded to the complaint within 20 days. Yes sending it to the lawyer who is handling the case is formal notice

AttyCBradford :

Here is the relevant statute for setting aside a default in OK. "


Any default or judgment by default
shall be set aside upon motion of the defendant in the manner
prescribed in Section 1031.1 of this title, or upon petition of the
defendant in the manner prescribed in Section 1033 of this title if
the defendant demonstrates to the court that the return receipt was
signed or delivery was refused by an unauthorized person. A
petition shall be filed within one (1) year after the defendant has
notice of the default or judgment by default but in no event more
than two (2) years after the filing of the judgment."

AttyCBradford :

Okl. Stat. tit. 12, § 2004

Customer:

well I got the signature on the letter I did get in with the 20 days your talking about

Customer:

I the file the other motion to the court after this time

AttyCBradford :

Then that is PERFECT! The default is not valid, just bring that to court with you :)

Customer:

thanks

AttyCBradford, Lawyer
Category: Legal
Satisfied Customers: 588
Experience: Attorney At Law
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