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I was frustrated with a major student loan lender. I filed

a small claims case. The...
I was frustrated with a major student loan lender. I filed a small claims case. The lender did not show up and I was awarded a default judgement. Almost two months later, they retained an attorney and filed a motion to set aside, saying essentially that they received via certified mail the notice of claim, but "lost it". I expected a hearing, so that I could prove that we discussed the lawsuit on the phone before the trail date, but a few days later the judge just granted the motion with no hearing and set a new trial date. This was based on perjurious statements that they "don't have it in their system". Honestly, I was on the phone with them twice when they "pulled it up".
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Answered in 7 minutes by:
7/10/2013
Ely
Ely, Counselor at Law
Category: Legal
Satisfied Customers: 102,694
Experience: Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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Hello friend. My name is XXXXX XXXXX welcome to JustAnswer. Please note: (1) this is general information only, not legal advice, and, (2) there may be a slight delay between your follow ups and my replies.

I am very sorry for your situation. Can you please tell me what date was the Judge's decision to grant the motion? The reason I ask is because I want to see if you still have time to appeal the decision.

This is not an answer, but an Information Request. I need this information to answer your question. Please reply, so I can answer your question. Thank you in advance.
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Customer reply replied 4 years ago

It was June 20. I never got it, so I called to the court today, expecting to have a hearing date, if the motion were to be considered. I am in Indiana.

Thank you for your reply, Daniel.

It is unusual that the Judge would simply grant a Motion to Set Aside Judgment without a hearing.

Someone in your situation may wish to file a Motion for Reconsideration in regards XXXXX XXXXX the judgment aside. You typically have 30 days to do so. In the motion, someone in your situation may wish to argue that:

1) You served them property (and use proof of this, such as proof of service, even if you have to get it from the court's records if you sent it in);
2) That they are not telling the truth; and
3) That you did not get a chance to contest the Motion to Set Aside.

Hopefully, the Judge will agree, and possibly "reconsider" re-opening the case. Good luck.

Please note: I aim to give you genuine information and not necessarily to tell you only what you wish to hear. Please, rate me on the quality of my information and do not punish me for my honesty. I understand that hearing things less than optimal is not easy, and I empathize.

Gentle Reminder: Please use the REPLY button to keep chatting, or RATE my answer when we are finished. Kindly rate my answer as one of the top three faces and then submit, as this is how I get credit for my time with you. Rating my answer the bottom two faces does not give me credit and reflects poorly on me, even if my answer is correct. I work very hard to formulate an informative and honest answer for you; please reciprocate my good faith. (You may always ask follow ups at no charge after rating.)
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Customer reply replied 4 years ago

Thanks. I do not understand why this would occur. In my oriignal complaint, I argued that they essentially "loused up the paperwork" leading to my problems on my credit report. Here they "loused up the paperwork" at the court and were rewarded with it, though the court has a signed certificate of service. Should I, in my response POLITELY and respectfully XXXXX XXXXX irony of such in my bid for pretty much proves their incompetence is not excusable neglect? They file thousands of lawsuits each year and win many of them by default.

Daniel,

Should I, in my response POLITELY and respectfully XXXXX XXXXX irony of such in my bid for pretty much proves their incompetence is not excusable neglect?

No need. You can make such a quip verbally, but it is best to have the motion be very direct and to the point. But a verbal comment on this matter citing a "pattern" may be appropriate at the oral hearing.

Gentle Reminder: Please use the REPLY button to keep chatting, or RATE and submit your rating when we are finished.
Ely
Ely, Counselor at Law
Category: Legal
Satisfied Customers: 102,694
Experience: Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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Ely
Ely
Ely, Counselor at Law
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