How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask John Your Own Question

John
John, Attorney
Category: Legal
Satisfied Customers: 2878
Experience:  Licensed and practicing attorney.
71296933
Type Your Legal Question Here...
John is online now
A new question is answered every 9 seconds

We got served for small claims court and forgot to answer with

Resolved Question:

We got served for small claims court and forgot to answer with in the 20 day period. It has been 23 days. We totally screwed up. What can we do.
Submitted: 11 months ago.
Category: Legal
Expert:  John replied 11 months ago.
Hi, My name is XXXXX XXXXX I’m happy to assist you with your question today.

Your first step is to call the court and determine if a default has been entered on the case - if not - then hurry up and get the answer filed before default is entered. If a default is entered you need to file a simple motion with the court to set aside the default. Generally you will list the reason(s) why you missed the answer due date, and that your defense has merit for x,y, z reasons. The court more than likely will grant setting aside the motion as it is fairly standard to set aside a default if too much time has not passed since the answer due date.

I believe this answers your question. However, if you need clarification or have follow-up questions regarding this matter, I will be happy to continue our conversation – simply reply to this answer. If you are otherwise satisfied with my response, please leave a positive rating as it is the only way I am able to get credit for my answers. Thank you, XXXXX XXXXX wish you all the best with this matter.

Expert:  John replied 11 months ago.
I should have added the court has fillable motions to set aside default you can find here.
Customer: replied 11 months ago.

They did get a default judgement before I could file. What is the name of the motion I need to file. I wanted to give you more background on this case. The plaintiff is an old tenant who thinks we didn't give them back enough of the security deposit. The house they lived in was in our corporate name, however, they sued my wife as an individual. When we went to court the judge told them he would keep the case open, but they would have to re-serve us. They did and then we totally forgot that we had to answer. So I'm not sure what a good explanation is for why we didn't answer. Can you think of one? My wife is also panicked that they are going to be able to go to our bank account tomorrow and take the money out. Can they do it that quick? They got the default on 10/2.

Expert:  John replied 11 months ago.
Hi,

The name of the Motion is "Motion to Set Aside Default". The court has a simple form you can fill out here.

If you hurry up and file, just stating that you forgot will probably be a legit excuse.

The couldn't get a garnishment on your bank that fast. A judgment has to sit for 21 days without objection before it can be garnished. You'd be notified by the bank first in any event and have an opportunity to object to the garnishment.

Hope this helps. Get your motion filed and you'll be fine. Let me know if I can be of further assistance. Thanks.
John, Attorney
Category: Legal
Satisfied Customers: 2878
Experience: Licensed and practicing attorney.
John and 9 other Legal Specialists are ready to help you
Customer: replied 11 months ago.

I believe our motion to set aside default was approved, but then the plaintiffs filled a Opposition to Motion to Set Aside Default. Do you know what that is? Thanks

Expert:  John replied 11 months ago.
Yes, it means they are going to contest your motion to set aside default. You're motion to set aside will most likely be granted despite their opposition to it. Judges generally prefer not to allow a party to default if they have an otherwise meritorious defense to the matter.
Customer: replied 11 months ago.

I just noticed that there is Small Claims Referee Motion scheduled in two weeks. Do you think that is to decide on the motion?

Expert:  John replied 11 months ago.
Yes, Most likely. You should call the court to make sure though.
John, Attorney
Category: Legal
Satisfied Customers: 2878
Experience: Licensed and practicing attorney.
John and 9 other Legal Specialists are ready to help you

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
< Last | Next >
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
  • It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem. Tony Apopka, FL
  • Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it. Lee Michigan
 
 
 

Meet The Experts:

 
 
 
  • Tina

    Lawyer

    Satisfied Customers:

    8436
    JD, BBA Over 25 years legal and business experience.
< Last | Next >
  • http://ww2.justanswer.com/uploads/MU/multistatelaw/2011-11-27_173951_Tinaglamourshotworkglow102011.64x64.jpg Tina's Avatar

    Tina

    Lawyer

    Satisfied Customers:

    8436
    JD, BBA Over 25 years legal and business experience.
  • http://ww2.justanswer.com/uploads/RA/ratioscripta/2012-6-13_2955_foto3.64x64.jpg Ely's Avatar

    Ely

    Counselor at Law

    Satisfied Customers:

    19941
    Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
  • http://ww2.justanswer.com/uploads/FL/FLAandNYLawyer/2012-1-27_14349_3Fotolia25855429M.64x64.jpg FiveStarLaw's Avatar

    FiveStarLaw

    Attorney

    Satisfied Customers:

    8189
    25 years of experience helping people like you.
  • http://ww2.justanswer.com/uploads/jespoag/2008-12-17_222355_jessepic.jpg JPEsq's Avatar

    JPEsq

    Attorney

    Satisfied Customers:

    2132
    Experience as general attorney, in house counsel, SSDI, Family Law attorney, and law professor
  • http://ww2.justanswer.com/uploads/gsenmartin/2008-04-22_214950_me1.jpg Guillermo J. Senmartin, Esq.'s Avatar

    Guillermo J. Senmartin, Esq.

    Attorney

    Satisfied Customers:

    110
    7+ years of experience handling various legal matters.
  • http://ww2.justanswer.com/uploads/PA/PaulmoJD/2013-10-10_195858_JAImage.64x64.jpg Law Educator, Esq.'s Avatar

    Law Educator, Esq.

    Attorney

    Satisfied Customers:

    31621
    JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
  • http://ww2.justanswer.com/uploads/dkaplun/2009-05-17_173121_headshot_1_2.jpg Dimitry K., Esq.'s Avatar

    Dimitry K., Esq.

    Attorney

    Satisfied Customers:

    15975
    Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.