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default jugment "vacated"

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svpwizard

Junior Member
What is the name of your state? Maricopa county, Arizona.


I'll try to give as much in a short time as I can.

I do website design work, had a customer call from California, he and I talked about a website and the costs , he paid online through paypal, I started work on the site made some changes but he wasn't happy with the option available with the free script I told HIM about since he didn't want to spend too much on the site, I reinstalled another more approved script that only required some small changes.

with hit and miss communications with him since it seemed he wasn't retunring calls he would only communicate via emails ??? anyway after back and forth he finally just up and tells me he wants a full refund and the same day gets a charge back through his credit card company.

those that know the process via "paypal" know they never tell you who the credit card company is so you can't ever dispute or argue directly with the card company. Paypal refunded the monies and I then sued the customer for the money after calling and writting him for the money.

He in so many words told he was in CA and I was in AZ, take a hike I couldn't do anything to him, and besides Wells Fargo saw it his way and reversed the charge.

I filed, served him via Certified restricked delivery, to both his work address and his home address, he ???? apparently signed for both since the signatures look PRETTY CLOSE to the same.

He never showed or answered , I filed for a default judgment and sent a certifed copy to him, then out of the blue he hires an attorney to answer , who answers the same day the default judgment was given to me.

He also moved for the case to be moved to Civil and somehow got the default judgment "vacated" I have no idea what that means???

Now we are at a time for "pre-trial confrenence" ..... by the way he is claiming 10K in damages for a $645 / turned into $1060 initial bill then default judgment.

I have submitted the discloser statement and supporting documents that is due tommorow, he as of this day hasn't given me his yet??? I wanted to see this lawyer so I hand delivered it to him.

So the questions are, how the HECK did he move a SC case to civil the same day it was made a default judment and when I thought you couldn't do that?? and especially the day the judment was awarded.

what should I expect in the pre trial thing and does "vacate" mean they have made the default judment no good now?

I also think he has made comments to the BB that could be considered Liabilist? I quote
from his complaint
"The reason Wells Fargo ruled in my favor was because they saw Steve ****** 's lack of work, service and complete lack of effort as a clear sign that Steve ****** scammed me.I would warn anyone and everyone to stay far away from this Internet Fraud Artist."

Do I need a lawyer at this point or should I wait untill after the pre-trial.

Thanks
Steve
Last edited by svpwizard : Yesterday at 04:21 PM. Reason: spelling
 



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