Friday, January 20, 2012
How to file an objection to a motion for default judgment?
Does anyone know where I can go to find info on filing an objection to a motion for default judgment in a foreclosure case? I need some info so that I can write it myself.How to file an objection to a motion for default judgment?There are foreclosure projects out there associated with just about every state bar association in the country. They also pair up pro bono attorneys with people in your situation. Trying to handle your legal case against lawyers on the other side is like trying bringing a snow ball to a gun fight, let alone a knife. You will lose; its just a question of whether you want a slow drawn out loss or a quick one. In many cases, you can easily defeat this preliminary motion (assume you never filed an Answer to their complaint/petition) but you must provide valid reasons, and usually with a sworn affidavit under oath supporting your opposition to motion for default judgment. For one, the bank has to produce the underlying mortgage deed of trust "original" in many states. Perhaps you were never served or served incorrectly thus you would challenge the sufficiency of service of process. Sometimes a good defense is an aggressive offense and you would file to dismiss their petition (with grounds stated). Check out the bar association and see if they have a foreclosure prevention project or non-profit they can direct you to.How to file an objection to a motion for default judgment?Call the court clerk and tell him/her exactly what you want to do and ask what forms you need to fill out, how and where they should be filed and any fees that are associated with filing.How to file an objection to a motion for default judgment?Please check out legal aid (Office of Legal Services) or other low cost legal assistance offices. This is something that you will be much better off with an attorney.nada boats
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