Wednesday, February 15, 2012

How do i write a letter to object to a motion to vacate a default judgment?

My opponent didn't show up to court on time, so I got a default judgment in my favor. He showed up about an hour after call and asked the judge to vacate the default judgment, claiming he was late because of traffic. I am going to write a letter to object to the motion because I think he should have planned better and that i shouldn't be penalized for it. What kind of content should I include in the letter to make my case? Would the judge even consider granting his request because of his excuse?How do i write a letter to object to a motion to vacate a default judgment?Keep your response simple.



Probably, you lack the legal education and experience necessary to effectively fight this motion. He may win the motion. It just means that you will have to prove up the elements of your pleadings in trial.



Pro se plaintiffs have a difficult time because of the lack of knowledge of legal procedures. If this guy hires an attorney, it will be time to consult your own attorney.How do i write a letter to object to a motion to vacate a default judgment?The court will not consider your letter. If you want to oppose a motion, write an "opposition to motion to vacate default judgment," serve in on the opposing party and file it with the clerk. You should know that default judgments are not favored and that most courts will set aside a default for almost any reason.How do i write a letter to object to a motion to vacate a default judgment?I am not an attorney but I am assuming you have no legal experience also so when you write a letter asking the judge to oppose the motion to vacate, make sure to place the caption on the letter. A caption will include your name (versus) the defendant. It will also contain the name of the court and the section for which the court is held; it will contain the county it is in and the state as well.



For your paragraphs, list what you feel is evidence to prove your cause. Your cause being that had the defendant left at an appropriate time he/she would have made it to trial. If you know where the defendant lives, and you probably do since it should be stated in the petition (complaint); plan out a route for that person and check with the police to see if there were any accidents. If there was, then it might be reason enough for the judge to allow the motion. But if the person was simply lazy and left the house to late, then you might have a chance if you can prove it.



But I seriously doubt that a judge will rule against the motion to vacate because that judge will be stripping the rights of a person away without the chance to defend themselves.

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