Default Judgment Arizona

[k40wright]

What is the name of your state (only U.S. law)? Arizona
This has been a very complex case as the Plaintiff filed 2 different suits, one in Justice and one in Superior Court...and has been actively harassing us since. (Ex-husband's best friend.) They are both under investigation for Agg. Harassment. We had an attorney a while ago, but couldn't afford it any more. So, needless to say, I have many legal questions.

I will start with this one:

My fiance and I managed to get the last Default Judgment vacated after 1 1/2 years of adamantly trying. I'm wondering, now that the Default Judgment is Vacated, do we have to file a response to the original complaint, or is it over? How many days since the it's been vacated do we have to answer? And, where do I find the Rules regarding this process?

Thank You

 

[tranquility]

The suit is not gone, just the default judgment. See the Arizona Rules of Civil Procedure for the rest. (It may be in the statutes, but a search string of that will eventually get you there.)

 

[k40wright]

Allocation of Default Judgment

Thank you so much for your response!

Another question...the Plaintiff sited 4 defendants on the suit, and was granted the Default Judgment. The 2 of us individually, and 2 corporations. After 3 years, my divorce became final and my ex was given the corporation that I was responsible for. However, the other corp (my fiance's) is still his responsibility.

When the Judge ruled on our Motion to Vacate, he denied the motion without prejudice for the corporate defendant because it isn't represented by an attorney, but granted the motion for the individual defendants (my fiance & I).

Question...how does the court set-aside one Default Judgment for 2 defendants, but not the other 2? We can not afford an attorney, and now seemed to be "stuck" because we have to have one for the corp.

The court, nor us, has allocated any set amount to any of the defendants...so how do we address this? If we were to ask the court for allocation, the corp that is now my ex's would be the one solely responsible for the entire judgment since what my ex's friend is claiming only relates to that particular business. And yet, my fiance's corp would still be liable because we don't have an attorney?

I've been through the AZ Rules, Statutes, etc. and can not find anything pertaining to this particular situation and the courts will not give information because they can not give "legal advice" - even when it seems to pertain mostly to procedural issues. Any advice you have is greatly appreciated. Thank you for your time.

 

[tranquility]

Because the other defendants didn't ask (move) for the vacating of judgment. You can't ask for the corp as a general rule, the corp must hire an attorney so that the motion can be made.

 

[k40wright]

Another question:

Can the Plaintiff appeal the Judge's granting of our Motion to Vacate? I'm just trying to prepare myself for whatever he will try to do.
Thanks!

 

[seniorjudge]

Can the Plaintiff appeal the Judge's granting of our Motion to Vacate? I'm just trying to prepare myself for whatever he will try to do.
Thanks!

Just a guess here, but since it is not a final judgment, I'd say no.

The plaintiff could certainly, however, ask for a reconsideration.

 

[tranquility]

I agree with SJ, interlocutory decisions are rarely appealable.

 

[k40wright]

Recapture Garnished Wages?

Thank you both for your time. Now I have two more questions:

Yesterday, we had a hearing to quash the continued lien and garnishment, due to the default judgment being vacated, which was granted.

We had asked the Judge IF we could file something that would recapture monies that had been sent to him after the vacation of judgment, but before yesterday's hearing. The Judge indicated he could not give us legal advice, but that we could in fact do this. What form, or type of motion, do we file? The Judge specifically told him that he had no rights to any money that had been sent to him - but we believe he will cash the checks anyway.

Also, is there anyway to make him pay back everything that was garnished from us personally, even before the Default Judgment had been vacated?

Thanks again!

 

[Rexlan]

Nope ... two question limit. Each additional question cost $50.

 

[k40wright]

???

Okay?!? I'm smiling, so I hope that you were just kidding!

Really...Does anybody know the answer to my above question?
Thanks!