How doI file an objection to a default judgement?
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How doI file an objection to a default judgement?
I filed a state complaint against a contractor. The instructions for that said to with hold payment, so I did. The state process is very slow and the contractor filed a civil suit against me for the amount I had not paid them. They just recently got a default judgement against us because my husband did not sign the answer to the summons/complaint. I obviously need to file an objection to the judgement. We have a hearing on the state case coming up soon.
Asked on December 3, 2011 under Bankruptcy Law, Michigan
Answers:
S.L,. Member, California Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
You will need to file a motion to set aside the default. At the law library, look in the index of Pleading and Practice for default, motion to set aside. This will give you the general format for a motion to set aside a default. Filing a motion requires a memorandum of points and authorities which consists of cases or other legal precedents supporting your motion. For the memorandum of points and authorities, look in the index of Points and Authorities at the law library. Look for points and suthorities supporting a motion to set aside a default.
File with the court your motion to set aside the default, memorandum of points and authorities supporting your motion to set aside the default and an attached proof of service. The proof of service verifies the date of mailing your documents to the opposing party. You can use a court form proof of service or you can write your own. If you write your own, it just says that you are over 18 and the attached documents were sent via first class mail unless stated otherwise to __________ (name and address of opposing party or opposing party's attorney) on _________ (date). You sign and date at the bottom. The date you sign should be the same as the date of mailing and the same date you file your documents with the court.
If the judge grants your motion to set aside the default, the case is then back on track and litigation will continue.
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