What is the name of your state? Hawaii
Ok, here's a short version of a long story. Feel free to give your opinons/feedback (postivive or negative both welcome).
A very close female friend (once a girlfriend) of mine was in desperate need of a car. Her car had died.
I gave her one of my two cars on her word that she would get a loan as soon as possible (within 1 month) to pay me for the vehicle. The agreement was for $4000 (no written contract, only a verbal agreement). She needed the car as soon as possible so I just signed the title over to her and handed over the keys without any payment from her based solely on her word alone.
-1 month goes by and I start questioning her about payment.
- She says she can't get a loan by herself so she is in the process of finding a cosigner.
-6 months and 3000 excuses later, we both agree to monthly payments of $200.
-She wrote me out post dated checks equalling approximately half of the money owed.
-$100 checks dated every other week ( her payday).
-Cashed about 5 of the checks with no problem until one day she decides to close her account.
- I found out her account was closed when I deposited the 6th check and it bounced.
-My bank charged ME $20 for the bounced check.
-Called her numerous times after closing of account only to get yelled at by her Mom and Stepdad telling me to leave her alone and stop calling their house blah blah blah.
- Filed a small claims case. Hired process server. Papers were served. On the day of the court date my case was called and I walked up to the stand. My "friend" (the defendant) was not there and I was awarded a default judgement.
-Unsure of what to do next, I waited in the courtroom so I could talk to the clerk that was present.
-10 minutes or so later, defendant walks in the door with her mom.
- I told her she was too late, her arguement was that the notice served to her stated the time to be 8:30 a.m. or as soon thereafter. She arrived at 8:45 a.m.
-Went to main courthouse to file the judgement and noticed defendant and her mother at the courthouse also. They were filing something also but, at the time, I did not know what exactly it was.
-Clerk calls me on my cell phone a few days later notifying me that my judgement form was ready to be picked up.
-Got to the court, picked up my judgement form to find it was denied because defendant filed a motion to set aside default judgement. I did not know what her reason, or excuse was for filing the motion.
-A week or so later I get a letter in the mail saying a motion to set aside judgement had been filed and I needed to go to court on January 11, 2008 for the hearing.
-Her excuse was the notice served to her stated 8:30 a.m. or as soon thereafter, also that she was outside praying with her mother. She entered the court room at 8:45 a.m. (apprx. 8-10 mins. after our case had been called forth by the judge). Is praying outside the courtroom an acceptable reason to have been late? (your opinion) What do you think her chances are of having this motion set aside based on her 2 reasons as stated above?
If her request is denied, does the default judgement still stand? If so, can't she go back to court house and file for a motion again? (Never ending cycle?) Any advice as to what to do next? Any thoughts, positive or negative, about anything I may have already did?
Thanx for your time.
Ok, here's a short version of a long story. Feel free to give your opinons/feedback (postivive or negative both welcome).
A very close female friend (once a girlfriend) of mine was in desperate need of a car. Her car had died.
I gave her one of my two cars on her word that she would get a loan as soon as possible (within 1 month) to pay me for the vehicle. The agreement was for $4000 (no written contract, only a verbal agreement). She needed the car as soon as possible so I just signed the title over to her and handed over the keys without any payment from her based solely on her word alone.
-1 month goes by and I start questioning her about payment.
- She says she can't get a loan by herself so she is in the process of finding a cosigner.
-6 months and 3000 excuses later, we both agree to monthly payments of $200.
-She wrote me out post dated checks equalling approximately half of the money owed.
-$100 checks dated every other week ( her payday).
-Cashed about 5 of the checks with no problem until one day she decides to close her account.
- I found out her account was closed when I deposited the 6th check and it bounced.
-My bank charged ME $20 for the bounced check.
-Called her numerous times after closing of account only to get yelled at by her Mom and Stepdad telling me to leave her alone and stop calling their house blah blah blah.
- Filed a small claims case. Hired process server. Papers were served. On the day of the court date my case was called and I walked up to the stand. My "friend" (the defendant) was not there and I was awarded a default judgement.
-Unsure of what to do next, I waited in the courtroom so I could talk to the clerk that was present.
-10 minutes or so later, defendant walks in the door with her mom.
- I told her she was too late, her arguement was that the notice served to her stated the time to be 8:30 a.m. or as soon thereafter. She arrived at 8:45 a.m.
-Went to main courthouse to file the judgement and noticed defendant and her mother at the courthouse also. They were filing something also but, at the time, I did not know what exactly it was.
-Clerk calls me on my cell phone a few days later notifying me that my judgement form was ready to be picked up.
-Got to the court, picked up my judgement form to find it was denied because defendant filed a motion to set aside default judgement. I did not know what her reason, or excuse was for filing the motion.
-A week or so later I get a letter in the mail saying a motion to set aside judgement had been filed and I needed to go to court on January 11, 2008 for the hearing.
-Her excuse was the notice served to her stated 8:30 a.m. or as soon thereafter, also that she was outside praying with her mother. She entered the court room at 8:45 a.m. (apprx. 8-10 mins. after our case had been called forth by the judge). Is praying outside the courtroom an acceptable reason to have been late? (your opinion) What do you think her chances are of having this motion set aside based on her 2 reasons as stated above?
If her request is denied, does the default judgement still stand? If so, can't she go back to court house and file for a motion again? (Never ending cycle?) Any advice as to what to do next? Any thoughts, positive or negative, about anything I may have already did?
Thanx for your time.