Car Rental Company Civil Lawsuit

[Nellibelle]

Ah. So you are saying that anyone can file a motion to set aside a default judgment, even if the motion has no merit. Gotcha.

Courts love it when people do that.

As a note, the motion is filed under penalty of perjury so the "good cause" that supports the motion should be verifiably true. And the motion needs to include a meritorious defense.

How many motions get filed by litigants who really believe they have good cause, only to find out that the judge decides such motions don't have merit? Just because it could be decided that a motion to set aside a default judgment has no merit, doesn't mean a motion couldn't be filed. That is what the judge is for.

 

[Zigner]

How many motions get filed by litigants who really believe they have good cause, only to find out that the judge decides such motions don't have merit? Just because it could be decided that a motion to set aside a default judgment has no merit, doesn't mean a motion couldn't be filed. That is what the judge is for.

As I later clarified - the chances of the OP getting a default overturned are slim. Of course, it's possible...just like it's possible that we didn't land on the moon...