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Law Pro
Law Pro, Lawyer
Category: Real Estate Law
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Experience:  20 years extensive experience in real estate law, foreclosure, finance, and landlord tenant law.
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I live in Maryland, I was served a complaint to my house on

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I live in Maryland, I was served a complaint to my house on June 25th. I responded by July 24th. Today I received a judgement against me dated July 12. It said I had 30 days to respond and I did within 30 days. On the court document it said I was served on June 12, which is not true. Can I do anything about this?

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Sorry for your situation.

But, yes, absolutely you can do something.

What you need to do is file a motion to set aside the default judgment because you weren't served till June 25th, 2013.

The motion/petition is basically:


Petitioner CD files this petition to open a default judgment and in support thereof avers the following:
1. Plaintiff instituted this lawsuit on ______________.
2. On _________________, service was made at ________________________.
3. Pursuant to Maryland Rules of Civil Procedure, defendant has 30 days within which to file a responsive pleading.
4. On _____________________, plaintiff obtained a default judgment against defendant. The notice of the entry of this default judgment was mailed to defendant at ________________________.

WHEREFORE, defendant requests this court to open the default judgment entered in these proceedings.
Attorney for Defendant

[verification -- defendant]


On this -------- day of --------, 20--, it is hereby ordered that a rule is issued on plaintiff to show cause why the default judgment entered in these proceedings should not be opened. Rule is returnable within 20 days. All proceedings are stayed in the meantime.


On this -------- day of --------, 20--, it is hereby ordered that the rule issued in these proceedings is made absolute, that defendant's petition to open default judgment is granted, and that the default judgment entered against defendant is hereby opened.

You would use the complaint as an example of the heading and court caption - which you already did when you filed your responsive pleading.

You would also mail a copy of the motion/petition to the opposing counsel to give them notice of your petition. Most often they will gladly consent to dismiss the default judgment and allow your response to filed.

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