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Ely, Counselor at Law
Category: Legal
Satisfied Customers: 102495
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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As a co-defendant in a lawsuit. we all filed our appearances

Customer Question

as a co-defendant in a lawsuit. we all filed our appearances on time with date stamped as received at the plaintiffs attorney firm as well as the superior court clerk.a default judgement was erroneously filed against one co-defendant for failure to appear in a timely manner. after providing the plaintiffs attorney with a copy of the stamped appearance filing his response was no one in his office gave it to him. after checking with the court clerk and being told the judgement should be vacated,and relaying this information to the attorney he has agreed to do so. question - is it a simple mistake, or more serious than that. in addition none of the other defendants were notified of the judgement, and doesn't that judgement severely compromise my ability to defend myself goig forward.
Submitted: 1 year ago.
Category: Legal
Expert:  Ely replied 1 year ago.

Hello and welcome to JustAnswer. Please note:This is general information and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms.

If the default judgment was indeed vacated, then this is not a big deal and can be chalked up to human error, likely. This happens once in a while. And perhaps the error was caught before the other parties even had a chance to be notified.

If the default judgment is not vacated, the Defendants wants to then quickly file a Motion to Set Aside Default Judgment to do so.

However, am guessing that this is more miscommunication and human error rather than something malicious.

I hope this helps and clarifies. Please use the SEND or REPLY button to keep chatting, or please RATE when finished. You may always ask follow ups at no charge after rating. Kindly rate my answer as one of TOP THREE FACES/STARS and then SUBMIT, as this is how I get credit for my time with you. Rating my answer the bottom two faces/stars or failing to submit the rating 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 with a positive rating.

Expert:  Ely replied 1 year ago.

Hello again. This is a courtesy check in to see if you needed anything else in regards ***** ***** question. I am simply touching base. Let me know. Thanks!