need to file motion to set aside default judgment for my brother who resides in Alaska. Summons was served to wrong residence in Sitka, AK. He and I own a home together in Eufaula ok. neighbors filed petition & summons regarding property line dispute. I live in Oklahoma. Hired attorney who said not to worry don't need to respond working on agreement. Agreed Journal Entry of Judgment was drawn up by Plaintiff's attorney which we did not authorize Attorney to sign. Missing surveys and Agreements, all one sided, nothing in our favor or what we told attorney we would agree to. Now they are going for attorney fees wednesday. and have default dated 6/30/09 on brother. After 2 different law firms still have lost property owned for 30 years.
Attorney's hired do not include him in agreements. ie Agreed Journal Entry of Judgment states That the Plaintiff's cause of action against the Defendant my brother,shall remain open for further proceedings. 1st attorney signed without authorization. Second attorney filed motion re: 1st attorney, we lost judge said burden of proof on us to prove not authorized. I had spoke to the judge's secretary the following day after they signed agreement unknown to me. Told her did not authorize. my 2nd attorney did not use her as witness. Judge brought to attorneys attention that I had called. Also had 2 other witnesses but attorney said we would just put me on stand. ended up my word against his. I'm running out of time and current attorney informed me friday he was not filing motion to set aside. wants more money. on disability can't afford plus lost confidence in him. He says brother must come here for court. brother can't do that or lose job. I've got directions and samples from internet but not sure what to say. Improperly served does not reside at house served. Girl never gave him papers.
-Could you explain your situation a little more / How can we help you?
not sure what else to tell you. does my brother have to appear in Oklahoma? Attorney said since he was not included in the Agreed JE judgment that our best bet was to set aside default and file something later. I need to know how to fill out motion to set aside default judgment if improper service? do we request hearing? are you family law only if so i need real estate attorney knowledgable in Property Line disputes when your retard attorney signs agreement on your behalf after you tell him not to.
What a mess! You need to post this in the Real Estate section.
how do i do that?
not sure, but I reported this in the wrong catagory. I'm not sure how long it does to be moved.
so someone will reply from real estate later? I'm going to bed. how do I start this tomorrow?
hopefully it was be changed by then.
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