Can I file an Appeal?

[Noslo]

What is the name of your state (only U.S. law)? Arizona.


I failed to respond to a Motion to Judgement within the set time period. The court issured a default judgement. I filed a Motion to Vacate Judgement, which was denied by the Superior Court of Arizona. Can I file an appeal?

[ecmst12]

You can try, but what reason would they have to grant it?

[racer72]

Failing to respond to a summons is not a valid reason to appeal the decision. There are only 2 reasons at this time for an appeal to be successful. The first would be if you were not properly served. It appears you were. The other would be if there was an error during the trial. You were not there so you have no way of knowing. You could have an attorney review the transcripts but this will cost quite a bit. What is your reason to appeal?

[Noslo]

Originally Posted by racer72

Failing to respond to a summons is not a valid reason to appeal the decision. There are only 2 reasons at this time for an appeal to be successful. The first would be if you were not properly served. It appears you were. The other would be if there was an error during the trial. You were not there so you have no way of knowing. You could have an attorney review the transcripts but this will cost quite a bit. What is your reason to appeal?

The Plaintiff contends that I am in breach of contract of a loan repayment, although we made a verbal agreement to suspend the payments for a set period of time. He came back a month later and recided on the handshake agreement, although he acknowledged the handshake agreement in an e-mail. There are a couple more issues concerning the legitimacy of the loan in the first place.

I assumed wrongly that the case would go to mediation ( I received a 150 day order letter showing that a Mediator had been assigned to this case.) I would just like to tell my side of the story to the Court, but at this stage it does not look likely that I will get the chance to do so.

[ecmst12]

I doubt your assumption will sway an appeals judge any more then the first judge that denied you. You ignored court papers and failed to respond within the time limit or even show up for court. You snooze, you lose. Why on earth would you assume that a tenative mediation agreement would trump the summons you were served with?

[cosine]

So why did you not appear in court to tell your side of the story? Were court communications crossed up leading you to believe there was a different date? Did the plaintiff send you falsified papers to mislead you about the court?

[Noslo]

I was never served a summons. I received a copy of the Motion to Judgement form the Plaintiff's Attorney, but never received anything from the court, with the exception of the 150 day order. Wouldn't that (the summons) have been something I would have received via registered mail or in person?

Going through my records, I was served in December of 2008. I did respond to the Summons, but no trial or hearing date was set. After that, the Plaintiff's Attorney attempted to get me to sign a different Loan document, much more restrictive than the original loan document I had produced. I did not feel comfortable signing this new loan agreement, so they continued with court action. However, no court date was ever scheduled, and once I received the 150 day order, I assumed that the case would go to arbitration.

[cosine]

If you think the original court miscommunicated with you regarding the setting of the trial date, you should research that. Ask the court clerk for a copy of the mailing to you of that date, and the certification for sending it. They would use the address you provided in your response to the summons.

If you think the plaintiff provided misleading paperwork, that is also a plausible cause for vacating the judgment (and some lawyers are known to try such tricks, especially those in the debt collection business).

But all this is getting complicated and this is where you need to have a lawyer go over your case very carefully to see where you stand and what it would take, now, for you to get this undone.