Confused

What is the name of your state? Utah

A lot has happened since I won a default judgment against a former tenant. About two months after the judgment was entered, his attorney filed a motion to aside aside the judgment. He didn't request a hearing or anything, just the motion. Nothing happened, so I began the garnishment process. Since this guy owns his own business, I wasn't surprised when he didn't file the answers to the interrogatories. So, I filed a motion and headed back to court, and got the business added to the judgment. Then I went after the business's back account. Only after the account was frozen, did this guy do anything. Now, about 8 months after the judgment was entered, I get a "Notice of Hearing" from the guys attorney, letting me know that a hearing is set on his motion to set aside which he filed 7 months ago. Will he be given the opportunity to have this set aside now, after this much time? According to the Utah rules, the motion must be filed within a reasonable time, or 3 months. This Notice isn't even signed by the courts. I checked the schedule, and we aren't on there yet either. Any input would be appreciated.

According to the Utah rules, the motion must be filed within a reasonable time, or 3 months. This Notice isn't even signed by the courts. I checked the schedule, and we aren't on there yet either. Any input would be appreciated.

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Why are you trying to do this yourself? Since you have the judgement and they are trying to set aside, hire your own attorney who can contest the petition and attach reasonable attorney fees.

Personally, I think you are doing this all wrong.

"A lot has happened since I won a default judgment against a former tenant."
*** Okay, was this a residential or commercial lease?? IE: is the judgment against an individual or business?

"About two months after the judgment was entered, his attorney filed a motion to aside aside the judgment. He didn't request a hearing or anything, just the motion."
*** When you got the motion to set aside several months ago, you should have filed a motion and requested a hearing at that time. Your not doing so has left this open to them.

"Nothing happened, so I began the garnishment process. Since this guy owns his own business, I wasn't surprised when he didn't file the answers to the interrogatories."
*** HUH?? Garnishment has nothing to do with interrogatories!!

"So, I filed a motion and headed back to court, and got the business added to the judgment."
*** Is this business a d/b/a or a corporation?? If it is a d/b/a, you didn't have to get it added, since it would already be a part (due to the proprietorship). If it is a corporation, it CANNOT be added to your judgment against the individual.

"Then I went after the business's back account. Only after the account was frozen, did this guy do anything. Now, about 8 months after the judgment was entered, I get a "Notice of Hearing" from the guys attorney, letting me know that a hearing is set on his motion to set aside which he filed 7 months ago. Will he be given the opportunity to have this set aside now, after this much time?"
*** Yes. Your delay has left this as an open motion with the court.

"According to the Utah rules, the motion must be filed within a reasonable time, or 3 months."
*** Was the motion filed within that time?? If so, then it is a valid motion. Show up at the hearing and try to argue against the motion.

"This Notice isn't even signed by the courts."
*** Motions are submitted TO the court, not signed by them.

"I checked the schedule, and we aren't on there yet either."
*** Then I would contact the court again and see if the hearing has been set. If not, then you can file your reponse to the motion and/or request the hearing.

"Any input would be appreciated."
*** You're welcome.

JETX said:

Personally, I think you are doing this all wrong.

You might be right, but I couldn't afford an attorney, and tried to do it myself.

"A lot has happened since I won a default judgment against a former tenant."
*** Okay, was this a residential or commercial lease?? IE: is the judgment against an individual or business?

The judgment is against an individual who rented my residence.

"About two months after the judgment was entered, his attorney filed a motion to aside aside the judgment. He didn't request a hearing or anything, just the motion."
*** When you got the motion to set aside several months ago, you should have filed a motion and requested a hearing at that time. Your not doing so has left this open to them.

I filed a counter to the motion, but didn't request a hearing because I didn't know any better. Only after they filed a reply did I contact the court and they said that nothing will be done because no order was attached. I wasn't about to request a hearing to allow this guy to weasel his way out of paying the judgment.

"Nothing happened, so I began the garnishment process. Since this guy owns his own business, I wasn't surprised when he didn't file the answers to the interrogatories."
*** HUH?? Garnishment has nothing to do with interrogatories!!

We filed the garnishment papers, and they included questions for the company to fill out regarding his employment there and his pay. They never filed the answers with the court.

"So, I filed a motion and headed back to court, and got the business added to the judgment."
*** Is this business a d/b/a or a corporation?? If it is a d/b/a, you didn't have to get it added, since it would already be a part (due to the proprietorship). If it is a corporation, it CANNOT be added to your judgment against the individual.

The business is a corporation run by him and his family. They didn't show up in court, so I was able to do it. I assume the judge has it right, but if you think it may be something that could be a problem, could you provide references where I could look into it.

"Then I went after the business's back account. Only after the account was frozen, did this guy do anything. Now, about 8 months after the judgment was entered, I get a "Notice of Hearing" from the guys attorney, letting me know that a hearing is set on his motion to set aside which he filed 7 months ago. Will he be given the opportunity to have this set aside now, after this much time?"
*** Yes. Your delay has left this as an open motion with the court.

Unfortunately my ignorance counts against me here.

"According to the Utah rules, the motion must be filed within a reasonable time, or 3 months."
*** Was the motion filed within that time?? If so, then it is a valid motion. Show up at the hearing and try to argue against the motion.

The motion was filed within that time, though the Notice of Hearing was not. I do plan on being there.

"This Notice isn't even signed by the courts."
*** Motions are submitted TO the court, not signed by them.

Right, but I figured that the courts would be the ones that schedule hearings and notify the parties.

"I checked the schedule, and we aren't on there yet either."
*** Then I would contact the court again and see if the hearing has been set. If not, then you can file your reponse to the motion and/or request the hearing.

"Any input would be appreciated."
*** You're welcome.

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Thanks.