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Need advice on Motion for Default Judgement - I'm Stupid


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Hi all,

 

I've been around here for a few days now and have learned much.  Thank you to all of you that share.

 

I'm in Kentucky.  My situation is that I'm stupid beyond belief.  I was served a civil summons in January and just buried my head in the sand and resigned that I had already lost.  Today I got the expect Motion for Default Judgement.  Is it too late to fight?

 

The plaintiff is Cap One assignee of HSBC.  I don't know that I can win since it's an OC, but I'd sure like to fight.  Need lots of advice.

 

Thanks in advance!

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You can file a Motion to Vacate a Judgment - here is some info regarding this - http://www.creditinfocenter.com/legal/VacatingJudgments.shtml

 

You should check your state's guidelines on when this needs to be done - probably within 30 days of receiving the notice of default.

 

p.s. I see racecar is looking at this thread and he will probably add more info.....   ;-)

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You can file a Motion to Vacate a Judgment - here is some info regarding this - http://www.creditinfocenter.com/legal/VacatingJudgments.shtml

 

You should check your state's guidelines on when this needs to be done - probably within 30 days of receiving the notice of default.

 

p.s. I see racecar is looking at this thread and he will probably add more info.....   ;-)

@lionhunter

 

Let me clarify...There is no judgement, yet.  They have filed a motion for default judgement.  I received notice today that the motion will be heard on August 26th.  Can I show up and try to fight it? 

 

I'm guessing since I didn't respond, the answer is no...I have no idea what I would even say to get a judge to allow me to respond a full 6 months after I was served.

 

Thanks for the help!  I really need it.

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File opposition to the motion with a [Proposed] Answer to the complaint. Tell them you attempted to retain counsel and was unsuccessful. That you are now defending in pro per. You will have to get this in on Monday. It is easy to get an answer in as the default may be overturned as their is a preference for determining cases on the merits.

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I'm 100% with @Seadragon on this! There's no judgment so filing to vacate will not help in this particular situation. Had you pushed your face farther in that hole, it may have been what to file. But even then I'm not so sure. You cannot very well claim surprise when you were served properly.

You were served properly according to your states rules, correct?

Now, kudos to you for not hiding from this. Get to work on that motion in opposition to the default. Get to work on drafting your proposed answer that you will have to send with the motion in oppo. I really like the idea of saying you were trying to find counsel. Heck, say you can't afford their rates! It's why many of us found this board in the first place, when we had no choice but to do this on our own.

PS, I beat CapOne, so it's absolutely possible. Don't count yourself out yet, there's hope.

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