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What happens after I answer a summons?

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badapple40

Senior Member
minnesotakent said:
I just found out that a default judgment was entered against me earlier this week. I had been going to the court administrators office every few days for the last 2 weeks. There was no record of this case until the judgment was entered.

I never received my day in court. I answered the complaint. I followed all of the necessary steps and I still never had my day in court. I am amazed that the other party received the judgment and I never had a chance to defend myself.

The links I provided in my earlier posts describe the tactics used by this law firm.

What are my legal options? Can I appeal the judgment? When can they start removing money from bank account?
File a motion to set aside the judgment, include an affidavit of your attempts to answer and the fact you served the answer on the opposing attorney's counsel. File a motion seeking sanctions from the opposing attorneys. Call the attorney general's office. Also file the answer.
 


S

seniorjudge

Guest
File an appeal.

Also, write a letter to the court and send a copy to the people who sued you and say that you want the judgment vacated because you were not informed of the court date.

Keep after it.
 
S

seniorjudge

Guest
badapple40 said:
File a motion to set aside the judgment, include an affidavit of your attempts to answer and the fact you served the answer on the opposing attorney's counsel. File a motion seeking sanctions from the opposing attorneys. Call the attorney general's office. Also file the answer.
Actually, I'd file a complaint with the state bar.

The AG probably won't give a squat.
 
An update on this case

Last Friday afternoon I went back to the court administrators office and asked to speak to the office manager. I explained the situation. The manager seemed genuinely concerned about what I was saying and she was taking notes of what I was saying.

On Monday I received a voice message from someone at the court administrators office saying that the default judgment was an administrative error and that the judgment had been removed. The person actually apologized for the error.

Today I received a notice that there is a scheduling conference in about 7 weeks. The scheduling conference will be handled by a law clerk. There has been a judge assigned to the case.

I appreciate all of the help I have received on the this forum. Thank you.

I have two more questions:

1) What is a scheduling conference?
2) I have a connection to the judge who has been assigned to the case. I know he will remove himself from the case. Should I let the court administrators office know that I know the judge, or will the judge do that?
 
S

seniorjudge

Guest
1) What is a scheduling conference?
2) I have a connection to the judge who has been assigned to the case. I know he will remove himself from the case. Should I let the court administrators office know that I know the judge, or will the judge do that?


1) They will set dates for motions, trial, etc.

2) Since they have been so nice to you, call the administrator and explain that you think the judge should get off the case and why.
 

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