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Requesting assistance on GA lawsuit

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16 hours ago, GAResident said:

wow, i thought ya'll were adult and educated in this garbage.

Many on here ARE however, we are not lawyers and not here to actually represent you as that is practicing law without a license.  If you are going to defend a suit pro-se then you have to educate yourself and that includes NOT assuming that everything strangers on the internet advise is 100% accurate.

16 hours ago, GAResident said:

 I see none (ok you) want to admit fault, not that I am seeking that, but I do not desire people's defense on their lack of direction. Facts are facts. Exactly what you stated as to what I should have submitted could have been easily stated at origin, but it wasn't, and for what reason I don't know.

It isn't our fault to admit.  We were not the ones sued who has the responsibility to defend the suit.  Sorry you are upset but you have options to try and vacate the judgment.  If you are not comfortable with the legal system hire a lawyer quickly.

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20 hours ago, Guest said:

 I see none (ok you) want to admit fault, not that I am seeking that, but I do not desire people's defense on their lack of direction. Facts are facts. Exactly what you stated as to what I should have submitted could have been easily stated at origin, but it wasn't, and for what reason I don't know. You probably work for CACH for all I know.

No one here is to blame.   It's the responsibility of a pro se defendant to do his own research and learn his court rules.   While we may offer suggestions, we are not here to alleviate you of YOUR responsibility.

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22 hours ago, Guest said:

wow, i thought ya'll were adult and educated in this garbage. Anyway, I had a lawyer for an EEOC against my employer, and even he did not know to provide a very simple 1 page piece of paper that would have showed knowledge by a certain mgr who was aware of my EEOC before they fired me...I lost that one too that was an apparent easy win. I see none (ok you) want to admit fault, not that I am seeking that, but I do not desire people's defense on their lack of direction. Facts are facts. Exactly what you stated as to what I should have submitted could have been easily stated at origin, but it wasn't, and for what reason I don't know. You probably work for CACH for all I know.

You need to understand that we were just like you when we first started. No one here knows the court rules in all the states and jurasdictions, all we can do is point where you can look. 

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It looks like the OP has been shown the Judge made a mistake. It would be a shame if he did not come back and instead just figured he lost, all done.

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13 hours ago, fisthardcheese said:

 

File a motion to set aside judgment.

Attach copy of answer with affirmative defense of private contractual arbitration.

If indeed you erred, it was certainly excusable neglect, because you timely responded to lawsuit and had a meritorious defense.

Why you were not served notice of plaintiff's application for default I don't know.

So, you should have a hearing and  good shot at having your motion to set aside granted. 

Others on this forum better acquainted with GA law can help with details.

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GA Code 9-11-5

However, the failure of a party to file pleadings in an action shall be deemed to be a waiver by him or her of all notices, including notices of time and place of trial and entry of judgment, and all service in the action, except service of pleadings asserting new or additional claims for relief, which shall be served as provided by subsection (b) of this Code section.

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@BV80 that one's a bummer but something seems a bit off if the court did send a letter in November to tell the defendant no date is set but no subsequent letter telling them one is set. Curious what the online case detail shows for activity setting the date since the hearing/trial was three months later?

After filing a MTC Arbitration in Sept 2015, I contacted the court in Nov 2015 to get a status. They sent me a letter indicating that my MTC was the last docket and no hearing date has been set. This was the last correspondence between the court and I.

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So, plenty of time- A judgment void because of lack of jurisdiction of the person or subject matter may be attacked at any time. Motions for new trial must be brought within the time prescribed by law. In all other instances, all motions to set aside judgments shall be brought within three years from entry of the judgment complained of.

As far as CACH- they never argued there was not a valid agreement for arbitration but proceeded to pursue this in court after the defendant notified them arb was how he wanted to go. Would that be breach of contract?

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@CCRP626

6 minutes ago, CCRP626 said:

Would that be breach of contract?

Only if the defendant admits he's a party to the contract.

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Plaintiff made good use of procedural law.

Weren't you doing the same by electing private contractual arbitration?

If you're worried about "justice," then relative to complaint plaintiff is right and you're wrong.

AVVO advice is sound, but they may not have appreciated the power of electing private contractual arbitration.

In other words, although you seem neither to have grounds for appeal, nor a valid defense on the merits, if granted your MTC would have a good chance of making plaintiff run the other way. 

Now you use procedural law.

Like I suggested above:

File a motion to set aside judgment.

Attach copy of answer with affirmative defense of private contractual arbitration. (Might also attach copy of original MTC that was filed - that should show time-stamp by court reflecting timely response to lawsuit.)

If indeed you erred, it was certainly excusable neglect, because you timely responded to lawsuit and had a meritorious defense.

Why you were not served notice of plaintiff's application for default I don't know. (Probably plaintiff's artful use of procedural law.)

So, you should have a hearing and  good shot at having your motion to set aside (judgment) granted. 

Others on this forum better acquainted with GA law can help with details.

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I don't think Op is coming back.  Others did all the work - he couldn't even have been bothered to check the status of the case for many months or ask for a hearing on his MTC.  I highly doubt he will start putting work into this now to reverse the judgement.

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4 hours ago, fisthardcheese said:

I don't think Op is coming back.

I think that's a pretty safe bet, seeing that the OP deleted his account here.

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