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.
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.