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Motion To Vacate Default Judgement Granted...Now What?


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Hello everyone,

I just have a quick question. I ha recently discovered a judgment on my credit report and discovered I was never properly served. When I went to fight it, I had to file an answer to the original summons along with submitting my motion to vacate default judgment. Today I received a letter from the courts stating that my motion to vacate the default judgment was granted and he set a trial date for this upcoming month(4-11-2008). I mailed the JDB'a attorney a copy of the document like it stated that I am required to do. But my question is...What happens next?

Do I need to send them interrogatories now or should I be doing something else? When I went to the courthouse to pick up the copy of the judgment the clerk gave me everything they submitted as "proof" to obtain the judgment...So would they be able to come to court with other documentation that they didn't submit when they initially went to get judgment against me?

I'm just not sure if I have to do anything except just wait till my court date or if I should be doing something else. I just don't want to show up and find out that I missed/forgot to do something. Any help with that question would be greatly appreciated.

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If you want to pay then tell the judge how you can pay it.

If you haven't had time to discover what the debt is for then you ask the judge for motion to set aside or a motion for discovery it will give you more time to come up with your defense.

You will have to do some research to find out what it is called in your county. in my county it is called a motion for discovery.this means you need time to find out what the debt is for.

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the next step you should take is send the attys rogs and rqst to produce docs;

and should also be aware the the attys may file a motion 4 reconsideration to have the court reconsider the order vacating the jdgemnt. if they do this it will most likely delay the trial. in the mean time you should be prepared for trial. and it is possible that the attys may produce additional evidence to proof that debt is yours.

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Defense is that I am pretty sure it is beyond SOL and I am disputing the amount because I've never had a credit card limit of anything more than $1200 and they were suing me for $3500.

It is just small claims court. The thing is that all of their documentation/evidence contradicts itself. In the file they have a debt collection letter that they sent me dated July 2006 stating that they purchased the debt, but in their affidavit to the court they said they purchased the debt in November 2006 (4 months after they sent me a debt collection letter). They also have a set of credit card terms that are copyright dated almost 2 years after they claimed that I defaulted on the payments, no billing statements, no calculations, etc. They also sent the summons to my job even though I have lived at the same residence for over 20 years and it shouldn't have been a problem finding my address of they in fact had any billing statements, white pages, etc.

I received the court date and the letter granting my motion today and of course the court is closed so I was just curious to see if anyone else might know.

With interrogatories that is a 30 days process and I go to court in less than that time frame to even send them to the plaintiff's attorney.

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