joeyjoe68

Plaintiff filed a Motion to Set Aside Judgement

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Just received a motion in the mail yesterday from the plaintiff to Set Aside the Summary Judgement i received against them. They claim that i did not serve them properly and that they had no knowledge of the calendar date. yet in the motion they do state that their client knew of the date but that the local council (the one who filed the original complaint as well as this motion) did not. I did send them the Notice of Motion along with a copy of the courts Certificate of Mailing when i sent them the NOM. How should i go about answering this Motion? Any Ideas? thanks guys and gals

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If they had proper notice, they had proper notice. Compare the actual timeline against what is required in your RCP's. All you can do is show that you did everything right. If the other side wants to argue excuseable neglect or something like that, the reason should be set out in the motion. What is your argument in opposition? Did you provide opposing counsel with a Notice of Hearing? If not, well ...

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yes i provided them with a notice of motion sent through the mail along with a certificate of mailing as is required by local court rules. They claim they never got the notice (how convienent for them), yet in their own motion they state that their client was well aware of the hearing date and they had more than three months notice of the hearing date. They also had plenty of times to file the proper oppositions to my counter-claims and never filed a thing. It seems pretty straight forward to me but just wanted to check here and see if anyone else has any thoughts on it is all.

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