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Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: Legal
Satisfied Customers: 17864
Experience:  B.A.; M.B.A.; J.D.
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I had a default judgment against me because the timely "answer"

Customer Question

I had a default judgment against me because the timely "answer" didn't specifically deny the claim being made of unpaid wages. I don't know the guy that filed the case and my answer was asking for clarification. I had no idea beyond just asking a question. After two years of no response, I was asked to appear. The judge didn't listen to my side at all. He awarded a default judgment. I don't own or work for the company the guy worked for. How do I get this set aside?
Submitted: 1 year ago.
Category: Legal
Customer: replied 1 year ago.
At the hearing the judge asked of I had any documents to show. How would I have documents to show that I don't own a company? Or don't know the guy?
Customer: replied 1 year ago.
The company is no longer. And been administratively dissolved.
Expert:  Phillips Esq. replied 1 year ago.
Hello: This isCustomer I am a licensed Attorney and I will be assisting you today.
I had a default judgment against me because the timely "answer" didn't specifically deny the claim being made of unpaid wages. I don't know the guy that filed the case and my answer was asking for clarification. I had no idea beyond just asking a question. After two years of no response, I was asked to appear. The judge didn't listen to my side at all. He awarded a default judgment. I don't own or work for the company the guy worked for. How do I get this set aside?
Response: File Motion to Vacate Judgment because Judgment was entered in error. You are not the proper party, you do not have any relationship with the Defendant in the case. Defendant has filed lawsuit against the wrong party.
If the Motion to Vacate is granted, you would need to file Motion to Dismiss because the Plaintiff has sued the wrong party. You do not have anything to do with the Defendant--no privity of contract. So, you do not have anything to show that there is no relationship between you and the Defendant. You cannot prove a negative.
Motion forms are available at the Courthouse in the Clerk’s office.

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