seniorjudge,
The matter about default judgement is a bit off original topic but if it's of any relevance, here are the answers.
>Are you saying you got a default judgment against two defendants?
Yes.
>Are you further saying that they (neither one) appealed the judgment?
They did so by filing a motion after I started the garnishment process.
>Are you also saying that both of them filed a motion to set aside the judgment?
After they found out I could go after their wage (at least one of their's anyways), an agent acting on behalf of both did filed a motion the court office. At the time, one of them was travelling, the other was working out of town. Hence the agent. That was not the case when the claim was served to the defendants at their residence.
On the day of the motion hearing, only one of the actual defendants showed up, claimed they were unable to file a defense because they were either travelling or working out of town. The judge approved the motion. I tried to say that in both case, they could have used agents (family members) who were knowledgeable of the case and who expressed to me that they were quite willing and capable to act on behalf of the defendants. The judge was unreceptive. Sensing the judge's mindset, I did not further point out how dubious is that explaination of being out of town. For example, one could have filed a defense before leaving on vacation. The other started to work out of town after the claim was served. And even if he started work soon after being served with the claim, he was working in a city only about 40 miles away, could easily commuted back home on weekends and kept in touch with the household on weekdays by phone/email thus fully aware of the paperwork that was going back and forth. I might bring this up at the trial to have the set aside overturned as the first line of strategy.
>And then are you finally saying that the default judgment was set aside and now you will have another trial?
The path towards a trial has been started because of the set aside.
>I also am curious as to how you will collect this judgment.
I knew where one of them worked. So I filed for garnishment. It was going to work. That's when they 'woke up' and filed the motion to set aside the default judgement. Since this is jointly/severally, the garnishment of one will work again unless he changes his job.