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

[MeMyselfandIinMissouri]

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.

I know exactly why she's taking me to court, I'm not a moron. I also know that once she filed the eviction notice, all communication would go through her attorney, which I did. The communication with the landlord was cut off inexplicably by the landlord PRIOR to the eviction filing. I'm not stupid here. You all are just trying to get additional information out of me to play judge and jury.

I know my situation, and don't intend to explain it here. I will explain it to the judge assigned to the case and let HIM make a decision based on what I present to him.

 

[Zigner]

I see - you intend to come here, ask a question, and then refuse to give relevant information when queried. THEN, you have the audacity to complain that folks aren't giving you the answer you want to hear.

Get yourself an attorney who can explain these things to you.

 

[MeMyselfandIinMissouri]

I see - you intend to come here, ask a question, and then refuse to give relevant information when queried. THEN, you have the audacity to complain that folks aren't giving you the answer you want to hear.

Get yourself an attorney who can explain these things to you.

I was actually given the answer I asked for. No other information was needed to answer this, why would any other details be relevant to anyone but the judge and the other party?

Not one person here needs to know exactly what happened in order to answer THE QUESTION I ASKED. Not one single detail is needed in order to tell me the steps that need to be taken to file the motion to set aside the judgement.

 

[MeMyselfandIinMissouri]

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.

Can you please answer the questions I asked that directly relate to your replies?

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?

 

[Zigner]

I was actually given the answer I asked for. No other information was needed to answer this, why would any other details be relevant to anyone but the judge and the other party?

Not one person here needs to know exactly what happened in order to answer THE QUESTION I ASKED. Not one single detail is needed in order to tell me the steps that need to be taken to file the motion to set aside the judgement.

You haven't been told (in more than general terms) the steps required. You also fail to realize that part of the steps of filing the motion include gathering the required evidence. You obviously lack that evidence, so we are obliged to point that out to you as well.

 

[Zigner]

Can you please answer the questions I asked that directly relate to your replies?

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?

Talk to an attorney - really. I'm not just saying that in response to your attitude. The FACT is that the question(s) you are asking require (BY LAW) the assistance of an attorney.

EDIT: You could, of course, read up on the various rules, regulations, and laws in your state and county.

 

[MeMyselfandIinMissouri]

You haven't been told (in more than general terms) the steps required. You also fail to realize that part of the steps of filing the motion include gathering the required evidence. You obviously lack that evidence, so we are obliged to point that out to you as well.

You have absolutely no idea what information or evidence I lack. I intend to present that evidence to a JUDGE. Not a bunch of nosey nellies.

 

[Zigner]

You have absolutely no idea what information or evidence I lack. I intend to present that evidence to a JUDGE. Not a bunch of nosey nellies.

I have what you told us: The reason you missed court was that it wasn't convenient to you.

In fact, I really don't care what evidence you do or don't have to present to explain your failure to attend court. Talk to an attorney.

 

[not2cleverRed]

I know exactly why she's taking me to court, I'm not a moron. I also know that once she filed the eviction notice, all communication would go through her attorney, which I did. The communication with the landlord was cut off inexplicably by the landlord PRIOR to the eviction filing. I'm not stupid here. You all are just trying to get additional information out of me to play judge and jury.

I know my situation, and don't intend to explain it here. I will explain it to the judge assigned to the case and let HIM make a decision based on what I present to him.

Well, I may not be as clever as you, but I do know that:
1) If you move before it goes to court, there's no basis to evict you,
2) If you stay, you better show up at court, or you'll have an eviction on your record.
3) If you show up at court, and the other side has a lawyer, you have to have a better defense than attitude if you are representing yourself.

So far, you have shown that you have no idea how a court works, and what is evidence. You need a lawyer, because you mucked things up so royally in the first place.

You're right, I don't know the specifics of your case. But you have not indicated that you were improperly served, you didn't know how to get a continuance, or that is was even a possibility, and assumed telling your opponent's lawyer that you wouldn't make it to court should have been enough. That confirms to me that you need legal help - professional legal help.

P.S. I hope the judge is female. In any case, the judge doesn't have to entertain your presentation, and can just decide that the default decision stands, based on your insufficient grounds for setting it aside.

 

[quincy]

Can you please answer the questions I asked that directly relate to your replies?

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?

I cannot find a Missouri "motion to set aside default judgment" form - although the court clerk could tell you if such a form exists (I would think one does). IF no form exists, you can create your own.

Here, for reference purposes and to give you an idea of what is needed for your motion, is a link to the court form used in Michigan for a motion to set aside a default judgment. You can perhaps pattern your own motion (with affidavit) after it:
https://courts.michigan.gov/Administration/SCAO/Forms/courtforms/mc99.pdf
You have not provided any reason why you believe the default judgment should be set aside. I hope you have a legitimate reason for seeking the set aside.

We have a contributor on this forum who is an attorney in Missouri. You could wait to see if TigerD responds to your thread.

 

[MeMyselfandIinMissouri]

I cannot find a Missouri "motion to set aside default judgment" form - although the court clerk could tell you if such a form exists (I would think one does). IF no form exists, you can create your own.

Here, for reference purposes and to give you an idea of what is needed for your motion, is a link to the court form used in Michigan for a motion to set aside a default judgment. You can perhaps pattern your own motion (with affidavit) after it:
https://courts.michigan.gov/Administration/SCAO/Forms/courtforms/mc99.pdf
You have not provided any reason why you believe the default judgment should be set aside. I hope you have a legitimate reason for seeking the set aside.

We have a contributor on this forum who is an attorney in Missouri. You could wait to see if TigerD responds to your thread.

Thank you very much, I appreciate your information .

 

[FlyingRon]

He already HAS the eviction on his record. That's what the default judgment is. He may not have a writ of execution (i.e., the sheriff's not yet coming to kick his stuff to the curb) but he does have the eviction.

Again, as I said, Missouri requires two things;

1. Good cause as to why you are delaying the proceedings by not appearing on time.
2. An indication that a further delay in the proceedings will result in any different result.

You don't have an inate right to have the "judge see the evidence." You lost that when you blew off the appearance.

 

[Eekamouse]

You have absolutely no idea what information or evidence I lack. I intend to present that evidence to a JUDGE. Not a bunch of nosey nellies.

Good luck with your search for a new place to live. You definitely are going to need it.

 

[MeMyselfandIinMissouri]

He already HAS the eviction on his record. That's what the default judgment is. He may not have a writ of execution (i.e., the sheriff's not yet coming to kick his stuff to the curb) but he does have the eviction.

Again, as I said, Missouri requires two things;

1. Good cause as to why you are delaying the proceedings by not appearing on time.
2. An indication that a further delay in the proceedings will result in any different result.

You don't have an inate right to have the "judge see the evidence." You lost that when you blew off the appearance.

I'm not a "he". FYI.

 

[MeMyselfandIinMissouri]

Good luck with your search for a new place to live. You definitely are going to need it.

I already have a place, thanks!