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Sam
Sam, Attorney at Law
Category: Legal
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Experience:  More than 20 years of experience practicing law.
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im being suied,,i was surved on march 28 2013,i hand delivered

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im being suied,,i was surved on march 28 2013,i hand delivered my response letter on april 16 2013 and had them stamp and date it with received,,,i just looked up the court papers and there was a motion for default judgement filied,,my question is that i put my answer in and they are saying i didnot respond in time but i responed within 18 days ,,,what do i do to fight this motion?
Hi


I am an attorney with more than 25 years experience. I will provide your information today and look forward to assisting you.

You need to file a Motion to Vacate the Default Judgment.

I suggest you can go to the clerk of the court and see if they have a form that you can file. And if not ask them for a sample Motion to Vacate from another case. Show them you time-stamped Response and they will give you the form or a sample that you can follow.

I suggest you want to do this sooner than later that time is of the essence. In the Motion, of course, you will cite that the Default was inappropriate because you Response was Timely Filed and then Make A COPY of your copy to attach as evidence.

There will be a hearing and the court will vacate the default and then another hearing will be held on your court case

NOW remember, that when you file the Motion to Vacate, it must also be served onto the other party.


My goal is to provide you with excellent service – if you feel you have received anything less, please reply back as I am happy to address follow-up questions. Kindly rate me when you are done.
Customer: replied 3 years ago.

this document is only a motion to default,,i havent got a court date or a lettter saying they received a default judgement.so do i put the vacate default jundgement in or not.how can they get that order in when i answered them

Hi

Right. I see. Well, they can file the Motion for Default. Does it say what the basis is for the Motion?
Customer: replied 3 years ago.

they say in wasent within the 20days of summons

Hi

Ok. Then file a Response to that Motion with the same information that I suggested and attach a copy of your time stamped copy

Be certain that the other party is served

Make the request the the Motion for Default be Dismissed.


My goal is to provide you with excellent service – if you feel you have received anything less, please reply back as I am happy to address follow-up questions. Kindly rate me when you are done.
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Customer: replied 3 years ago.

so will the judge allow them to win by default even im trying to go to court and fight this lawsuit

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