Motion to set aside a default Judgement

[heathermayo]

What is the name of your state? Michigan

My boyfriend and I need help on finding out how to do a Motion to set aside default Judgement. I have already gotten as much information on this from the Law Library at the District court, but I am still unsure of what all needs to be filed with the motion. As of right now we cannot afford to get a lawyer to help us on this and all the ones we have spoken to would just say, file the motion, go bankrupt or pay $1,500 up front and we will tell you more. All we need is a little advice on this and we should be able to handle it, so if anyone can help, Please do!!!

 

[rmet4nzkx]

What is the name of your state? Michigan

My boyfriend and I need help on finding out how to do a Motion to set aside default Judgement. I have already gotten as much information on this from the Law Library at the District court, but I am still unsure of what all needs to be filed with the motion. As of right now we cannot afford to get a lawyer to help us on this and all the ones we have spoken to would just say, file the motion, go bankrupt or pay $1,500 up front and we will tell you more. All we need is a little advice on this and we should be able to handle it, so if anyone can help, Please do!!!

We need more facts to give advice.
What are your grounds for your motion?

 

[heathermayo]

All of this started over a vehical that was owned by my boyfriend and co-signed on by an ex of his. She stole the vehical from the house and he got it back about 2 weeks later. When he got it back he agreed to pay her for the payments he did not pay while the vehical was in her possesion, with the understanding that he was keeping the vehical. The next day he sent out the payment and as soon as it cleared, she refinanced it, bought over the police to take the vehical and then served him with papers sueing him for $6,000, for missed payments and damages. He had thought that he would have a court date mailed to him, so he did nothing at the time, then he had to spend 3 months in jail, and when he got out about a month later he found out his wages were being garnished. We feel that there is no reason for her to get this money since while he owned the vehical he put over $10,000 into payments and costs on it, and when she took it from him he lost days at work for having no vehical and he had to go out and buy a van to get to and from work. All we want is to get this dropped so we can move on with our lives and not have this $6,000 hanging over our heads when she has no reason to get that money. If you need any more information let me know, and thank you for helping!

 

[rmet4nzkx]

Was there no response forms with the papers filed?
Why was he in jail?
How did she get it refinanced if it was in his name and she was co-signer withut him signing it over?

 

[heathermayo]

The original paper that he was served with just said that the case was opened, he knows nothing about civil law, and thought there would be a court date mailed to him before the case moved on.
He went to jail over a past D.W.I. charge from about 7 months prior, just to get it over with instead of having the probation hanging over his head.
The last time that she had stolen the vehical from him she said she was getting it refinanced that week so he signed the title over to her, under the condition that that was what she was doing. After about two months and two letters from GMAC stating that the truck payment was not made, he repossessed the vehical from her and made the payments including the late charges. It was only after he did that and she got almost $1,000 towards the vehical that she went and refinanced it and served him with the papers. The only reason that he had originally agreed to sign the title over to her was because it was becoming too much of a hassle with her always stealing the truck in the middle of the night, which if you can imagine how stressfull it would be to wake up more than once and find that you car was stolen in the middle of the night leaving you with no way to get to work. The last time that he had the truck, she came over, he agreed to pay her for the payments she had made on the truck and she was supposed to be giving him the signed title back so he could refinance it without her on the loan. It was only after that agreement had been made and he signed a letter saying he would pay her that money back that she handed him the S.O.S. envelope which was supposed to hold the title but was actually the papers serving him. At the time, the truck was still in his possession, so he wasent worried about it, he was still willing to pay her the money she asked for since she was to be taken off the loan. He didnt know that the truck had already been refinanced into soley her name. But that is why he had signed the title over to her, and he thought he was getting it back to take her off the loan. So she basically tricked him into signing the title over and paying more money to the loan before she took it from him and sued him. Any suggestions?????

 

[seniorjudge]

When your boyfriend failed to answer the original lawsuit, he gave up any rights to present his defenses. Thus, he is stuck with the judgment.

 

[naesatt]

How can you get a title to sign over if there is still a loan on it?

 

[stephenk]

i hope you have learned a lesson from this before you marry your boyfriend.