Motion to Vacate a Default Judgement

[kimberlygray]

What is the name of your state? Georgia

I won a default judgement for the return of a security deposit because the defendant did not show up for court. When I called to ask for payment they indicated that while served and while they submitted an answer- they never got notice of the court date. They filed a motion to vacate.

Is alleged non-receipt of court date notification good cause for a motion to vacate? Given that the notices are sent regular (versus certified) mail- seems to open a can of worms to say that it is sufficient reason.

Thoughts?

 

[seniorjudge]

"Is alleged non-receipt of court date notification good cause for a motion to vacate?"

Possibly; you will find out for sure when the judge rules on the motion.

 

[kimberlygray]

Senior Judge

Geez- I wouldn't have known that. Brilliant!

 

[JETX]

Is alleged non-receipt of court date notification good cause for a motion to vacate?

Simple answer: Yes. If the court agrees that the defendant was NOT properly notified of the hearing setting, the court will likely vacate the judgment and ask you to go at it again. In fact, they might just ask you to present your case at the hearing.... so be prepared for that.

The ENTIRE purpose of the court is to allow BOTH parties to present their case for consideration, called 'justice'. If the defendant claims that they were not allowed to present their case (even on VERY thin evidence), there is a fair obligation that the court, in the 'interest of justice', will allow them to present their defense. Allowing you to a default win on a technicality (even one that may or may not be true) is not 'fair' to the other party.

I suggest you get your 'case' together and be prepared to present it at the hearing, or at another date as set by the court.

 

[kimberlygray]

Thanks. I was prepared last time and will be again at the motion hearing. I just think that it's poor process for the court to send notifications via regular mail knowing the risk. Heck- everyone should just come in and say they didn't get the scheduling notification.

 

[seniorjudge]

"...I just think that it's poor process for the court to send notifications via regular mail knowing the risk. Heck- everyone should just come in and say they didn't get the scheduling notification...."

What would you suggest instead of regular mail?

Anyway, we were trying to tell you this....

BTW, "Is alleged non-receipt of court date notification good cause for a motion to vacate?" is kinda like saying, "What is the meaning of life?"

 

[kimberlygray]

Well Thanks!

 

[seniorjudge]

"What is the meaning of life?"

The answer is:

42


http://news.bbc.co.uk/1/hi/uk/1326657.stm

 

[tijerin]

The answer is:

42


http://news.bbc.co.uk/1/hi/uk/1326657.stm

The Hitchhiker's Guide to the Galaxy was a great series of books!

 

[cindyzaka]

motion to vacate

michigan i was not aparty to the suit at hand they put a judgement on my credit report any advice in how to get remove someone told me to do motion to vacate judgementof