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

[Zigner]

I'm not a "he". FYI.

It doesn't change anything

 

[FarmerJ]

I detect the same flavor here that one can find in videos by RIPE or LaughNapkin over in a popular video site.

 

[quincy]

I detect the same flavor here that one can find in videos by RIPE or LaughNapkin over in a popular video site.

Similar.

 

[cbg]

Not that I think it will make any difference to this chickie's attitude but I'll give it a shot.

Look, Missy. We had a guy on this board and on a couple of others, who had a question he wanted answered. That was ALL he wanted. The problem was that out of context, the question he wanted answered didn't really make sense and could have gone a number of different directions.

Several pages later, he finally told us the facts surrounding his question. It wasn't anything even close to what we had assumed, and yet what we had assumed was really the only way to take the question he was asking the way he asked it.

Once we knew WHY he wanted to know what he wanted to know, we not only were able to give him a more accurate answer to his question but were able to help him frame the documents he was trying to fill out in a manner more likely to produce the desired result. They way he wanted to do it wasn't wrong, but there was definitely a better way. We were able to give him the better way.

Now, if you don't want to provide any information, that's your right. But in that case, don't come back here crying that it didn't work and you're deeper in the hole and now you need more free help from volunteers because you didn't give us enough information to work with.

 

[Eekamouse]

Aw, she's sure she'll get the judge to see things her way after she didn't show up for court and didn't pay her rent for three months and didn't notify anyone but the other side's lawyer she wasn't going to appear for the hearing. The judge is going to be all about sympathetic to her and give this special little flower what she wants because she's different than the zillion other lames that have been in her shoes before her. The judge will totally care. What's funny is going to be the next time she has to find somewhere new to live and she has that nasty wake up call that an eviction on her record will give her.

 

[Just Blue]

I'm curious if OP can contain her terrific rudeness long enough to be accepted by any LL.

 

[MeMyselfandIinMissouri]

Aw, she's sure she'll get the judge to see things her way after she didn't show up for court and didn't pay her rent for three months and didn't notify anyone but the other side's lawyer she wasn't going to appear for the hearing. The judge is going to be all about sympathetic to her and give this special little flower what she wants because she's different than the zillion other lames that have been in her shoes before her. The judge will totally care. What's funny is going to be the next time she has to find somewhere new to live and she has that nasty wake up call that an eviction on her record will give her.

What part of "the landlord cut off all forms of communication and refused to accept my rent" did you all not understand is what I am wondering? This happened BEFORE the eviction was filed. I've already said she's on record trying to sell the place with zero notification of her intent to sell to me, her tenant. I was supposed to have another 18 months left of my lease. She told everyone on various Facebook groups and thought I would not find out.


Once again, the details have zero impact on the question I am asking. I asked how to file. I did not ask you to weigh in on whether or not the motion would be granted. I will let the judge on the case decide. I'm not expecting any special treatment from the judge, but that was a cute story lady.

Why bother giving details? You all have already filled in your own, and you'd do so even if I did give any. My words will get twisted, just as you've already done. Are any of you people actual attorneys? Or just keyboard warriors that make yourselves feel better by being bullies?

Oh, and again, I already found a new place to live, as I've already said. So your little snarky remarks are pointless. You all should get out of your mother's basements and get some fresh air, you'll feel better. I wrote my motion, printed multiple pages of evidence (which by the way, her own attorney said she was in the wrong but when she suckered him in with her tales of woe to get him to represent her pro bono, she didn't tell him the whole story). I'll be dropping off first thing this morning.

 

[NeilTheCop]

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.

The link is for a public court record. All you have to do is modify this document to fit your particular case
http://www.plf.net/dorsunshine/setaside.shtmlIf you need more help read this. It's a few years old, but still valid, or you could find a more recent review if you care to look.
https://scholarship.law.missouri.edu/cgi/viewcontent.cgi?article=1810&context=mlrThe Court has specific rules of procedure which you need to follow to the letter when you file your motion.
https://www.courts.mo.gov/page.jsp?id=973
Don't forget to state in the motion which one of the following reasons applies in your particular case.

• Mistake, inadvertence, surprise, or excusable neglect of the party who failed to defend himself in the case
• Fraud, misrepresentation, or other misconduct by the party who filed the case
• The judgment has been satisfied, released, or discharged
• The summons and complaint were never personally served to the defendant who judgment was entered against

Alternatively you could hire an attorney

 

[FlyingRon]

Don't forget to state in the motion which one of the following reasons applies in your particular case.

Of course, in case the poster doesn't get the sarcasm, none of those apply here.