tnt Posted December 10, 2004 Report Share Posted December 10, 2004 What exactly is an "Affidavits of facts". I have to go to court Monday , i am trying to get a judgement dismissed and the paper I got from the lawyers office who i got the judgment from wrote I failed to file a Affidavits of facts, which the court did not say I needed when i filed my motion.I filed a Motion and Affidavit to set aside judgement.Any help would be great .My defense is I was not served correct complaint so I could not answer.Which court clerk even called att. office and was told to disregard summons until new one was served. She wrote this out on paper for me.Original complaint with incorrect summons was served 8-31-04The att. office filed a default application 9-23-04, They say I was served with correct complaint on 10-26-04, and the court entered a default judjement on 11-3-04.If I was not served the correct complaint on 10-26, wouldn't i of had 21 days to file my answer from that time? How can they file for a default judgment on 9-23?? Also I never was actually served with correct complaint, On 10-26 they left a photocopy of original summons with no complaint on my neighbors door.The lawyer was very rude when i tired to call telling me it didn't matter they would of got judgment anyway.I am currently paying monthly paymetns to this place, I never refused to pay it was a matter of not knowing who had the account.ANY ADVICE PLEASE.... Link to comment Share on other sites More sharing options...
calawyer Posted December 12, 2004 Report Share Posted December 12, 2004 Sorry, but without knowing what state you are from, we cant help you as much as you would like. Every state's law is different and each state can have unique procedures.An affidavit is a written statement under penalty of purjury. In some states it must be notarized. If you filed some sort of motion (such as a motion to be relieved of default), it should probably be supported by a sworn statement. Doesn't have to be long just:1. My name is ____. I am the defendant named in case number _____.2. No one ever handed be a copy of the summons in the above case. No one ever handed me a copy of the complaint in the above case. 3. Any other facts you need for your motion......I swear under penalty of perjury under the laws of the state of [unknown] that the foregoing is true and correct.The last paragraph varies a bit from state to state.Finally, if the hearing is Monday and the Judge is feeling the holiday spirit, you may be permitted to take an oath in court and repeat the pertinent facts. Amounts to the same hill of beans in the end.Good luck Link to comment Share on other sites More sharing options...
tnt Posted December 12, 2004 Author Report Share Posted December 12, 2004 I am in Michigan, and i filed a motion and affidavit to set aside judegment, the court clerk told me that was all i needed and it states on there why i filed it, (the reason) Link to comment Share on other sites More sharing options...
calawyer Posted December 13, 2004 Report Share Posted December 13, 2004 So........ what happened? Link to comment Share on other sites More sharing options...
tnt Posted December 14, 2004 Author Report Share Posted December 14, 2004 I got screwed of course.The Judge did not even want to listen to what my defense was.Served summons 8-31-04 wrong complaint attached.(The court knew, the clerk wrote me out a statement after she called att. office saying that the att. office told us to disregard summons, new one had to be served with correct complaint.)9-23-04 Att. office filed default appl. 10-26-04 I was left a photocopy of original summons with NO compliant on neighbors door.11-3-04 court entered default.How does this follow the law? The original address the sever filed with the court did not even exsist.I showed the judge the original and clerks statement. The Att. said I was reserved on 10-26-04, and I said I got a photo copy of orignal summons that was all. No complaint.But I said even If I had been shouldn't I of been given 21 days from that time to file my answer? I had no opportunity at all.The default Appl. was files 9-23-04, before the "supposedly new summons" was even served.And he even asked me if I owed them the money, and I said I do owe them money but I did not think it was that much, I had previously been paying the last people who had the account. And I had the paperwork to prove it.I told him according to my records the balnce they had was approx. 950.00 more than it should be.The judge did not care and denied my motion to vacate judgement.I do not even see how this follows the laws at all. Link to comment Share on other sites More sharing options...
Leadhead Posted December 14, 2004 Report Share Posted December 14, 2004 If it were me, I'd file a lawsuit in federal court against this monkey of a court for violating you right to proper and due process. I'd look into trying to find a civil rights attorney. You got screwed hard. Link to comment Share on other sites More sharing options...
admin Posted December 14, 2004 Report Share Posted December 14, 2004 I agree with leadhead, and I would add...And he even asked me if I owed them the money, and I said I do owe them money but I did not think it was that much, I had previously been paying the last people who had the account. And I had the paperwork to prove it.I told him according to my records the balnce they had was approx. 950.00 more than it should be.Next time I would respond to a question like this as:Your honor, I don't know if the debt is mine, I have not seen a shred of evidence showing that it is. Link to comment Share on other sites More sharing options...
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