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The defendant refused the disclosure order.

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cordes123

Junior Member
The defendant refused the disclosure order. We got an order to show cause and a court date for this. Suddenly, the defendant has hired a lawyer and the lawyer has filed a motion to vacate default judgement. We have went through all the correct processes including hiring servers to serve his summons, etc. We are wondering what his chances are, and what we will need to do during this. MINNESOTA
 


latigo

Senior Member
The defendant refused the disclosure order. We got an order to show cause and a court date for this. Suddenly, the defendant has hired a lawyer and the lawyer has filed a motion to vacate default judgement. We have went through all the correct processes including hiring servers to serve his summons, etc. We are wondering what his chances are, and what we will need to do during this. MINNESOTA
You leave a lot unsaid here, but the most common grounds presented on a motion to obtain relief from a default judgment are “Mistake, inadvertence, surprise, or excusable neglect” as found in the Minnesota Rules of Civil Procedure Rule 60.02(a) (Minnesota's rules having been adopted virtually verbatim from the Federal Rules of Civil Procedure.)

But how could you expect to receive helpful advice as to “what we will need to do” where you have provided nothing of the circumstances resulting in the court entering default against the defendant and we know nothing of the basis of the of the defendant’s Rule 60.2 motion?

__________________

However, as to the Order of Disclosure.

The filing of the application to vacate the default does not, per se, suspend the operation of that order. As Rule 60.02 (b) specifically states:

"A Rule 60.02 motion does not affect the finality of a judgment of suspend its operation."

Meaning:

1. You may still move for an order compelling the defendant to response.

2. You are permitted to continue to attempt to enforce the judgment by writ of execution, garnishment, etc.

Also, be aware that the courts lean heavily in favor of having legal disputes resolved based upon their respective merits rather than by default. So if the court finds some plausible explanation as to why the defendant failed to timely appear and defend, you might be wasting time trying to learn “what we will need to do” because it might be nothing.
 

cordes123

Junior Member
The defendant refused the disclosure order. We got an order to show cause and a court date for this. Suddenly, the defendant has hired a lawyer and the lawyer has filed a motion to vacate default judgement. We have went through all the correct processes including hiring servers to serve his summons, etc. We are wondering what his chances are, and what we will need to do during this. MINNESOTA






We have a default judgment against the defendant for $5600. We used a process server on original summons for him to appear in court he neglected not to show up. judgment was issued in our favor The judgment is nine months old. We have docketed the judgment. We have requested for order for disclosure. We filed for order to show cause. At that point he hired an attorney and then they filed a motion to vacate default judgment.
 

cordes123

Junior Member
You leave a lot unsaid here, but the most common grounds presented on a motion to obtain relief from a default judgment are “Mistake, inadvertence, surprise, or excusable neglect” as found in the Minnesota Rules of Civil Procedure Rule 60.02(a) (Minnesota's rules having been adopted virtually verbatim from the Federal Rules of Civil Procedure.)

But how could you expect to receive helpful advice as to “what we will need to do” where you have provided nothing of the circumstances resulting in the court entering default against the defendant and we know nothing of the basis of the of the defendant’s Rule 60.2 motion?

__________________

However, as to the Order of Disclosure.

The filing of the application to vacate the default does not, per se, suspend the operation of that order. As Rule 60.02 (b) specifically states:

"A Rule 60.02 motion does not affect the finality of a judgment of suspend its operation."

Meaning:

1. You may still move for an order compelling the defendant to response.

2. You are permitted to continue to attempt to enforce the judgment by writ of execution, garnishment, etc.

Also, be aware that the courts lean heavily in favor of having legal disputes resolved based upon their respective merits rather than by default. So if the court finds some plausible explanation as to why the defendant failed to timely appear and defend, you might be wasting time trying to learn “what we will need to do” because it might be nothing.
Are you saying let it play out. We believe everything was done according to the law to get this judgment right.
 

justalayman

Senior Member
ok dokey.

What is it you are looking for then?

You would have a better idea as to why they filed to vacate the judgment. It should be in their motion. As to whether they will be successful is something; a psychic might be able to tell you but with the information you have provided, it is impossible to even guess as to whether they may be successful or not.
 

cordes123

Junior Member
ok dokey.

What is it you are looking for then?

You would have a better idea as to why they filed to vacate the judgment. It should be in their motion. As to whether they will be successful is something; a psychic might be able to tell you but with the information you have provided, it is impossible to even guess as to whether they may be successful or not.
How much more information would a person need when this is all the information there is how could there actually be any more information. Do you want to know the whole case of what the judgment is about. The judgment has already been issued it's not a matter of what the judgment was for. Or is it
 

cordes123

Junior Member
what is their basis for their motion to set aside the judgment?
will read their exact answer word for word for you. This motion will be based on the record memoranda affidavits exhibits and oral argument of counsel. I am not a lawyer but I don't think they have a chance
 

justalayman

Senior Member
there is going to be a very short statement naming the basis of their motion. Everything else is going to be an expansion of that statement.
 

cordes123

Junior Member
there is going to be a very short statement naming the basis of their motion. Everything else is going to be an expansion of that statement.
So in other words he's going to talk and talk and talk like a politician and never really say anything. lol
 

latigo

Senior Member
Are you saying let it play out. We believe everything was done according to the law to get this judgment right.
The issue has nothing to with your obsession that the judgment was entered according to law. I assume that it was.

But the same body of “laws” also allows a defaulted judgment debtor to have the judgment – even though entered according to law - vacated if the motion is timely and the movant satisfies the judge that one or more of the standards and conditions as set forth in Rule 60 (a)of the Minnesota Rules of Civil Procedure are met.

And if the court grants the motion the case will go to trial on the merits. Which, as I previously mentioned all courts, both state and federal are disposed to.

Furthermore, the decision to grant or deny the motion rests with the sound discretion of the judge. A decision that will not be disturbed should an appeal follow unless the appellant can convince the higher court to find that the trial judged abused his or her discretion. And such a finding is as rare as hair on a hen’s egg!

So unless you can satisfactorily rebut the factual allegations contained in the motion and affidavit - which you seem hesitant to reveal - there is no effective way to resist the motion.
 
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