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This is related to previous question. The defendant's attorney filed a motion stating the defendant was not properly served and asking to set aside default judgement.
The default judgement supposes to be issued around the 20th of March. But it was not issued. The defendant's attorney filed the motion in early April. Should the judge issued default judgement on time, the defendant would not have time to file delayed motion.
I believe all the services including warning order attorney were properly served according to legal procedure. Is it a normal defence step to dispute the legal service first? Does the defendant want to prove the legal service not correct or just a way to start his defence.
According to your experience, does the defendant has any intention to settle? Or he wants to fight hard and buy time. Will this be a lengthy process from now on? By the way, office of inspector general is collecting evidence. They have interviewed my office clerk and doctor involved. If the civil court needs to show witness or evidence, can the plaintiff cross reference the evidence collected by OIG office (I mean call the OIG investigator to testify his finding)? One DEA office investigator asked me to provide them with a copy of civil complaint. They want to see what charges being filed against the defendant.
Thanks. If the question can be phrased differently, let me know.
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Thanks. After the initial default judgment hearing, the judge gave 20 days for defendant to respond. the judge's letter to defendant says if the defendant failed to respond by March 20, the court is obligated to issue judgement without delay. In fact the default judgement does not come after two weeks. One explaination is clerk's parent was sick and the clerk was off.
Then, after two weeks, the court received the motion from defendant's attorney.
If the defendant's motion says "not properly served" and the court finds otherwise, will the default judgement still move ahead? Why don't the defendant use other reason to file a motion such as disputing fraud charges. Or the only way at this point (after expiraton of Marh 20) is to dispute "not properly served".
The default judgement is set aside at this point.My attorney and his attorney will set a time with judgement chamber for a hearing. I think this is regarding defendant's motion. I guess the defendant can set reason like sick or out of town etc. But I think government investigator may have contacted or met the defendant.
I think the court is likely to grant the motion because of the purpose giving 20 days after the warning order attorney. Does the court have to find anything wrong of the legal service?
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