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Motion to vacate or correct. pray amount diff than Complaint


doogank
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A default judgement was made on a civil case for monies.

I replied with an appearance but no asnswer because I agreed to the motion.

The court awarded pray amount, but in the actual Complaint the one paragragh states:

There is due and owing by defendant to plaintiff the sum of $0.00.

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Hey there...

The complaint for monies was for $2600.00 .

In the complaint the Plaintiff stated on paragraph four that the defendant owed plaintiff 0.00 dollars. I assume it was a typo but not my problem.

So I sent an appearance hoping to plea in court that I owed nothing based on plaintiffs statement in paragraph four.

Then later I get a Default Judgement entry for the entire 2600.00.

So I wonder if I can Vacate motion because the Plaintiffs complaint was for 0.00 and the pry amount was 2600 plus court fees.???

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  • 1 month later...
Well I filed a motion to vacate default judgement.

Motion was heard and excepted today.

Has anyone ever heard of a complaint for monies were the plaintiff states that there is no money owed?

thanks

I've heard of it. It's called a scrivner's error aka "typo". You may be able to get the judgment vacated/set aside, but it would probably be re-entered in short order unless you have some other evidence to win out.

In the future, don't do what you did here. (If you can understand that.)

No one would ever sue someone for $0.00. It's obviously an error. This is a big "uh oh" for you. Do you have any other defenses to this?

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cnoob thks for rply!

I figured it would be an oh well.

This is their 2nd mistaks, hope that will help my case w/their bad reputation.

other than that I will attempt to prove it is a sales contract and falls under the 4yr sol. been 5+ for a deficiency on a repo vehicle.

Also there are several UCC laws detailing how it was sold and how deficiency is calculated I can use.

I am not sure how rules apply for promissory notes?

(UCC 9-608) Application of proceeds of collection or enforcement; liability for deficiency and right to surplus.

(B) If the underlying transaction is a sale of accounts, chattel paper, payment intangibles, or promissory notes, the debtor is not entitled to any surplus, and the obligor is not liable for any deficiency.

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