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What to write for an objection to the motion to vacate default.

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sdsys

Junior Member
What is the name of your state?New Jersey
The defendant didn't show up for a small claims court case I filed. I was awarded a default judgment in my favor. Defendant's attorney is saying that defendant was on vacation. He filed for motion to vacate the default. I am trying to write an objection to the motion. What kind of text should I put in the objection. I never did this. Please help.
 


JETX

Senior Member
sdsys said:
What is the name of your state?New Jersey
The defendant didn't show up for a small claims court case I filed. I was awarded a default judgment in my favor. Defendant's attorney is saying that defendant was on vacation. He filed for motion to vacate the default. I am trying to write an objection to the motion. What kind of text should I put in the objection. I never did this. Please help.
Simply write why you feel the court should deny his motion. Was he properly served with the notice of suit?? If so, did he fail to file a motion to reset or continuance??
If so, then note those in your answer. Include a copy of the 'notice of service' showing that he was served properly.
The court will then decide to either deny, grant or set a hearing on the motion.

It is interesting to note that the intent of the court is to allow hearing by both sides. If there is any valid reason to set aside and re-hear the matter, the court will normally allow it.
 

sdsys

Junior Member
She was issued a summons by a certified mail on July 21 by the court, trial date was August 1. Her company attorney (Attorney at her workplace is now representing her) says she was on vacation. She didn't even notify to her insurance company ( state farm) till august 5th.

This morning I read an article stating that Judge can deny the motion on the bases of hardship to the plaintiff due to lawyers fees or other monetary reason. I am wondering should I mention that the storage cost for the totaled car is going up by each passing day. Thanks.
 

JETX

Senior Member
sdsys said:
She was issued a summons by a certified mail on July 21 by the court, trial date was August 1. Her company attorney (Attorney at her workplace is now representing her) says she was on vacation. She didn't even notify to her insurance company ( state farm) till august 5th.
Tell that to the court.... not us.
 

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