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How do I file a motion to set aside a default judgement?

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What is the name of your state?Missouri

I was unable to attend court due to a brand new job (I was laid off In January and just started this position a couple of weeks ago, no PTO available). I am the tenant and my landlord cut off all communication with me after accepting February's rent, refused to take my March, April and May rent, and apparently she plans to sell, based on her Facebook activity.

I called my county courthouse to ask how to file a motion to set aside the judgement and they told me to come in. So I went to the counter, told the person what I was there for, I was given a form to fill out. I asked if I would need to provide documentation at that time, they said no, wait till the new court date. I was told to call the next day and follow up, and when I did I was told that wasn't the right form to fill out and that I needed to tell them I was filing a motion to set aside. I explained that I did exactly that but apparently this was not correct.

Can someone tell me how to go about this? I need to do this either today or tomorrow. I did find a form on the Missouri courts site, but it seems to be more related to criminal cases, even though I found it under the Civil case headline.
 


Again, none of this is what I am asking. I have the documentation of her shutting down communication with me. All I was asking was how to file the motion. The judge can review the information and decide if he agrees with me or the landlord.
 

FlyingRon

Senior Member
To answer your question, the motion is easy enough. You indicate the court, parties, and case number (you should have this from the previous summons) and state you move to vacate the default judgment.

The issue is that you need to provide two pieces of supporting information that you've not indicated that you had.

First, you must show that you have good cause that you didn't appear. You don't seem to have this. Your having to work doesn't justify blowing off an appearance. Judges find that impeding the judicial process and a lack of respect to them. If a work schedule precluded appearance on a scheduled date, you were obliged to ask to continue the case BEFORE your court date, not just not showing.

Second, you have to show you have a defense to mount. You've not provided any details that make a determination of this one way or another. Whether the landlord intended to sell the property or whether they chose to communicate with you, aren't a prima facie indication of a defense.
 
I spoke with LL's attorney multiple times prior to court date and informed him of my inability to attend court. I'm sure he's got these conversations between him and I well documented? I was unaware that I could ask for a continuance in this type of case.

I do believe I already stated that I have documentation for my reasons for wanting the judgment set aside.

thank you for the info on the process itself, and actually answering the question I asked. Is this an actual form do you know? Or can I just type something up on my own? Don't I have to present a copy of this motion to her attorney as well?
 

Eekamouse

Senior Member
Telling the LL's attorney you aren't going to attend the hearing means nothing at all. You should have contacted the court. I cannot imagine why you think the judgement should be set aside. You admit you didn't pay your rent for three months. That is ample grounds for an eviction. And that eviction is going to follow you for years to come. Landlords do not like to rent to people with evictions on their records.
 

Zigner

Senior Member, Non-Attorney
I have no plans to stay in the home, FYI. I just want the judgment for the dollar amount set aside, and she can have her condo back.
Really? So you want to just skate on the rent you didn't pay?

Use the money you set aside for those three months and pay the judgment.
 

FlyingRon

Senior Member
You stated excuses. None of these are "reasons the judgment should be set aside." As I stated, you haven't shown good cause as to why you didn't appear. Second, lack of communication or the fact the landlord wants to sell doesn't excuse not paying rent. Missouri doesn't allow tenants to just withhold rent even for cause.
 

Zigner

Senior Member, Non-Attorney
The OP's argument boils down to this: The court date wasn't convenient, and that is not a valid reason for missing court.
 

not2cleverRed

Obvious Observer
What is the name of your state?Missouri

I was unable to attend court due to a brand new job (I was laid off In January and just started this position a couple of weeks ago, no PTO available). I am the tenant and my landlord cut off all communication with me after accepting February's rent, refused to take my March, April and May rent, and apparently she plans to sell, based on her Facebook activity.

I called my county courthouse to ask how to file a motion to set aside the judgement and they told me to come in. So I went to the counter, told the person what I was there for, I was given a form to fill out. I asked if I would need to provide documentation at that time, they said no, wait till the new court date. I was told to call the next day and follow up, and when I did I was told that wasn't the right form to fill out and that I needed to tell them I was filing a motion to set aside. I explained that I did exactly that but apparently this was not correct.

Can someone tell me how to go about this? I need to do this either today or tomorrow. I did find a form on the Missouri courts site, but it seems to be more related to criminal cases, even though I found it under the Civil case headline.
Look, you might not want to go into the whole story, but...

It matters. Something triggered this action on the LL's part. LLs generally don't refuse rent unless they have a good reason, a legal reason. Like, they're trying to evict you for some reason.

Once the LL has notified you that they are pursuing some sort of legal action against you, and that all further communications with you will be through their lawyer, then the LL is doing nothing wrong by refusing to communicate with you directly. Your "proof" that the LL "cut off all communications" with you, shows nothing important, legally.

If the basis for the LL's legal action against you has a sound legal basis, then setting aside a default judgement isn't going to buy you much of anything.

So yes, the bare facts of the story -at least, why the LL was taking you to court, are relevant.
 
You stated excuses. None of these are "reasons the judgment should be set aside." As I stated, you haven't shown good cause as to why you didn't appear. Second, lack of communication or the fact the landlord wants to sell doesn't excuse not paying rent. Missouri doesn't allow tenants to just withhold rent even for cause.

And this is exactly why I wasn't going to put everything out there. All I needed to know was HOW to do it. I will file the motion and let the JUDGE IN CHARGE make the decision. Thank you.
 
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