What is the name of your state (only U.S. law)? Michigan
I filed a summons and complaint (general civil case) against former tenants (mother & daughter) for past due rent and damages that totaled more than the security deposit. They moved out on their own without having to go through the eviction process. Initially the process servers were unable to serve them at their new home because they would never answer the door. We paid extra to have the process severs obtain written confirmation from the post office of their current address. So we are trying to serve at the correct address. We requested and were granted permission for alternate service which was signed by the judge. The process servers tacked the summons and complaint to the door and sent copies via certified mail. The allotted time passed with no response so we requested a default judgment which was also signed by the judge. The court sent copies to the plaintiff and surprise, they received this notice at the same address. Now they have responded by asking the judge to set aside the default because they were “not served” and “don’t owe what we are requesting”. Really that is all that was on the response. But I guess that is all it takes because on Sat 4/23/11, we received notification of a hearing this Friday, 4/29/11. I should not be too worried about whether we will win the case because we have done everything required on our end. However, I have 2 questions:
1. In order to attend the hearing I have to take unpaid time off work. After a serious lupus flare I have to receive 10 hour infusions for 2 days each month (24 days total). This exceeds my vacation time for the year. However, my employer lets me take time for the infusions while getting paid. But the deal is, any other time off would be unpaid. Is it possible to respond to the judge asking him to deny their motion and dismiss the hearing? After speaking with the court clerk, I am told it’s not possible but I wanted to double check. I was also told that we could not even request to change the date unless the defendants agreed. Is that true? I WILL be in court if I have to attend since I refuse to let them off the hook.
2. Should I file a response objecting to their request to set aside the judgment before the hearing or wait until we are before the judge to state my opposition? I have all my pictures and evidence, including a promissory note to pay that the tenants signed the day after they moved out. I thought that in order to set aside a judgment in a general civil case an affidavit of meritorious defense was required, one was not included in their request. I don’t see where they have really supplied any defense other than saying “I don’t owe” and “I wasn’t served”. This is the first time I have had a tenant actually request a hearing and show up (assuming they will). Do judges usually set aside judgments based on such a weak defense?
I know anything is possible, I am just wondering what others are used to seeing or have experienced. - Thanks! What is the name of your state (only U.S. law)? Michigan
I filed a summons and complaint (general civil case) against former tenants (mother & daughter) for past due rent and damages that totaled more than the security deposit. They moved out on their own without having to go through the eviction process. Initially the process servers were unable to serve them at their new home because they would never answer the door. We paid extra to have the process severs obtain written confirmation from the post office of their current address. So we are trying to serve at the correct address. We requested and were granted permission for alternate service which was signed by the judge. The process servers tacked the summons and complaint to the door and sent copies via certified mail. The allotted time passed with no response so we requested a default judgment which was also signed by the judge. The court sent copies to the plaintiff and surprise, they received this notice at the same address. Now they have responded by asking the judge to set aside the default because they were “not served” and “don’t owe what we are requesting”. Really that is all that was on the response. But I guess that is all it takes because on Sat 4/23/11, we received notification of a hearing this Friday, 4/29/11. I should not be too worried about whether we will win the case because we have done everything required on our end. However, I have 2 questions:
1. In order to attend the hearing I have to take unpaid time off work. After a serious lupus flare I have to receive 10 hour infusions for 2 days each month (24 days total). This exceeds my vacation time for the year. However, my employer lets me take time for the infusions while getting paid. But the deal is, any other time off would be unpaid. Is it possible to respond to the judge asking him to deny their motion and dismiss the hearing? After speaking with the court clerk, I am told it’s not possible but I wanted to double check. I was also told that we could not even request to change the date unless the defendants agreed. Is that true? I WILL be in court if I have to attend since I refuse to let them off the hook.
2. Should I file a response objecting to their request to set aside the judgment before the hearing or wait until we are before the judge to state my opposition? I have all my pictures and evidence, including a promissory note to pay that the tenants signed the day after they moved out. I thought that in order to set aside a judgment in a general civil case an affidavit of meritorious defense was required, one was not included in their request. I don’t see where they have really supplied any defense other than saying “I don’t owe” and “I wasn’t served”. This is the first time I have had a tenant actually request a hearing and show up (assuming they will). Do judges usually set aside judgments based on such a weak defense?
I know anything is possible, I am just wondering what others are used to seeing or have experienced. - Thanks! What is the name of your state (only U.S. law)? Michigan