Monday, January 23, 2012

What is a Motion to set aside Default Judgment?

I served my Ex husband contempt of court papers. He didn't respond in 20 days like he was suppose to do. I got a letter from his Lawyer for a Motion to set aside the courts default judgment. What is this and what am I suppose to do now?What is a Motion to set aside Default Judgment?Default judgment means that your husband didn't respond in time, so the court granted you the contempt order. You won, because your husband (sorry, ex-husband) didn't respond.

The Motion to set aside the default judgment is your husband asking the court to reverse its judgment so that you no longer win automatically. He is saying that there is a good reason he didn't respond, and so he shouldn't lose automatically. If he wins the motion, then you will have to go to court at a later time and convince the judge that your husband should be found in contempt of court. You will not win automatically, but will have to convince the judge that you should win, as if your husband had responded on time.

Additional details: Have you been served with court documents, or did his lawyer just send you a letter saying they were going to apply to have it set aside? If and when they serve you with court documents, the court documents should tell you what to do. If he files a notice, you may want to file a response. There will be a court hearing and you will need to go to the hearing and speak to the judge about why the default judgment should not be set aside. The court registry should be able to give you more information, too.What is a Motion to set aside Default Judgment?It means he lost by not showing up but his lawyer had that loss set aside and the issue will be heard by the judge again.

You wait for a new court date and show up.
  • muffler
  • ski doo
  • No comments:

    Post a Comment