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Can I restore a default judgement that was set aside?

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Dasher

Junior Member
CA

If I bring about a motion to restore default judgement, will either of these be sufficient grounds? And if so, how do I quote the legal basis to the judge at the motion?
1. the defendants did not pay interest as ordered
2. the defendants did not file a defense on time

BACKGROUND
- I am the plaintiff in this case.
- There was a default judgement against the defendants (there are two of them) because they never bothered to file a defense.
- After I discovered the employer of one of them and started a garnishment of wages, one of the defendant filed a motion to set aside the default judgement.
- It was granted on the condition the defendant pay the court the amount of the judgement plus interest which will be held by the court pending outcome of a trial.
- The defendants had until a certain date to pay and file a defense.
- The defense paid the principle but not the interest on time.
- They attempted to file a defendant's claim, apparently on time, but it was rejected by the court clerk because *both* of them had to file separate defense papers.
- Both defendants refiled a defense at the same time almost a month after the expiry.

Thanks in advance.
 


S

seniorjudge

Guest
If the judgment was set aside conditionally (and that is a pretty strange maneuver for a court) and the defendants did not comply with the written order of the court, then you need to file a motion to reinstate the previous judgment and explain why in the motion.

A clear and simple explanation of what happened sent to all parties should suffice.

And also request a hearing on your motion then follow up on that request.

If you don't move on it and keep on top of it, then you lose.
 

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