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Can you file a motion to set aside default judgment after 10 days?
Wiki User
∙ 13y ago
If you didn't do it and the 10 day period has passed, and 10 days is the stated appeal period, then it is probably too late. You would have to file a motion with the court to re-open the entire case.
Wiki User
∙ 14y ago
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How many daysto file Motion To Vacate Default Judgment?
10 DAYS
What do you do if you were not served and now have a default judgment?
If you were not served and now have a default judgement, you can ask the court to vacate the default judgement. You have 180 days from the discovery of the judgement to file this motion.?æ
Can a cell phone company enter a default judgment?
A default judgment is entered by the court. A cell phone company can file suit for past due payments and if the defendant does not appear in court in person or by counsel then a default judgment is entered in favor of the cell phone company. The defendant then has 30 days to appeal this judgment/
How do you appeal a default judgment to which you were never served a summons?
You have 30 days to respond to a default judgment by going to the courthouse and filing an appeal. A new trial will be set where the judge will either give you another opportunity to hear your side or vacate the judgment if you can show that you were not properly served.
How many days after a judgment of revoking guardianship do i have to file for a motion to vacate?
Massachusetts law on time frame to file a motion to vacate
Is a motion for summary judgment a responsive pleading?
No, a motion to dismiss is not a responsive pleading. Under the federal rules, the determination of "what's a pleading" is covered by Fed. Rule of Civil Procedure 7(a). If it isn't listed in Fed. R. Civ. Pro. 7(a), it is not a "pleading" technically. A motion to dismiss is likely under Fed. Rule 12(b), and while a Motion to Dismiss can sometimes be used prior to an answer, it technically does not enlarge the time in which to answer a suit, it nevertheless extends the deadline to answer. Rule 12 provides that if a Rule 12 motion to dismiss is denied, the responsive pleading reply period is modified to be 10 days after the Court's decision.
How does a default divorce work in Florida?
If your spouse has been notified of the pending divorce and fails to respond to the petition within the allotted 20 days, then you can petition the judge for a default judgment of divorce.
Are you in default because you answered the law suit two days late?
Yes, you have probably been found in default. If you wish to contest whatever it is, you will need to file a motion with the Clerk of Court to re-open the matter, and then hope your motion is granted.
If defendant fails to reply to summons within 30 day period but reply on the same day I submit a motion for Entry of Default will the defendants reply be valid?
If the defendant does not respond to the suit within 30 days you can get a default judgement. As long as you filed the motion on day 31 or after, your motion will be valid.
If you have ten days to answer before the judgment is enforced how should you answer?
If you wish to reply you must address your reply to the court either in person or by filing a motion (and you'd better be fast - 10 days goes by quickly) which addresses the subject matter of the judgment. However, if you have no defense and/or agree with the judgment, simply do nothing and the judgment will automatically take effect.
If your wife found out that her bank checking account had been frozen but the bank won't or does not know why and the bank's law firm does not know and there is no tax lien what can you do?
There is obviously a great deal of confusion here, to say the least. The bank has to know why the account was frozen, as it is not an action that can be done arbitrarily but requires a court order. This usually pertains to a lawsuit having been won against the involved party and a judgment awarded which was executed as a bank account levy (garnishment). In unusual situations an account can be frozen before a lawsuit is heard, but the circumstances must be deemed applicable according to state laws. If the account holder also has a loan with the bank, the bank can use a set off action to remove funds from the person's account to satisfy the debt. If none of this applies then the bank may have committed a grievious error against the customer and should be held accountable.AnswerMost likely there has been a civil judgment against her from probably a collector. She should get a copy of the judgment in the mail from both the bank and the collector within a few days. She needs to act fast because she has a right to file a claim of exemption or motion to set the judgment aside. Depending on which state, it could be as little as 10 days from the date of the levy that she has to file--not business days either! She should have a paper included with the copy of the judgment with all the exemptions available to the judgment. The plaintiff then has to respond to the motion or else it will be set aside. Most likely, if they went to the trouble of getting a judgment, they will proceed and still try to maintain the judgment. You need to file a motion and declaration to set aside with your reasons such as, not served properly, debt is not hers, etc. and then the specifics in the declaration part. I'm going through the same thing right now.
How long do you have to appeal a judgment in Missouri?
In Ohio it is 30 days. It maybe diffent in other states. * The average time limit is 20 days although it will vary depending upon the state law, therefore it can be as short as 10 days from the time the judgment is entered. This applies to appeal only not to the filing of a motion to have the judgment lifted.
