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How can you stop a lock out eviction when you were never served papers the process server lied on the proof of service so they could get a default judgment?
Wiki User
∙ 13y ago
You can't. A process server is almost like an officer of the court. A judge will take his word. And it doesn't matter if the server lied...it's your word against his. And you saying he lied is like someone telling a judge that the parking ticket must have blown off the car. I bet the judge has heard your accusation a million times. The odds you can stop a lockout eviction after the fact are low.
Wiki User
∙ 13y ago
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How long does the eviction process take for a rental property in South Carolina?
This depends on why the eviction is taking place. If it's for the most common reason, non-payment of rent, it can be pretty quick. Your landlord, after the 5th day of the month, can give you a notice that you must pay the rent, plus any late charges, or vacate the unit immediately. If after 5 days from the time of this notice this doesn't happen, the landlord can file eviction proceedings. You will then be served with a Summons and will have to answer that Summons within five days of service. If you don't answer the Summons, or if your answer is not convncing to the judge, he can issue a default judgment for eviction and a writ of ejectment. When that happens you have 24 hours to get your stuff and get out, or the constable/deputy sheriff will force you out. The total turnaround time is less than 30 days.
What do you put in an answer in writing to avoid a default judgment?
A "default judgment" is granted when the debt is not contested. You would put information pertaining to your proof that the debt is not valid or actually owed. Just because a person feels wronged, or got inferior goods or service, is not proof enough.
Can they get judgment without you knowing if was filed?
Yes, it happens all of the time, it is called a default judgment. If this has happened to you, call the clerk of the court in your area and ask the procedures and SOL for filing a motion to vacate the judgment due to an error in service.
Can a default judgment for unpaid credit card debt be awarded if you never officially received a court summons?
Yes, only a reasonable attempt to serve a civil summons is necessary. If the defendant is not located, refuses service of the summons, etc. the creditor's suit will be heard and usually a default judgment will be entered against the defendant.
An attempt was made at a residence I have lived at for 15 years. I do not live in the States. Can a summons that was not delivered become a judgment?
Service of summons must be perfected for it to ever come to a default judgment against the defendant. I'm sure they are looking at other avenues to serve you - but, at this point, it sounds as if you have yet to be properly served. So, no default judgment (which would only come after you not filing an answer in time AFTER your summons)
How do you remove a Default judgment?
You have to get a copy of the case file and go over it and file a Motion to vacate judgment based on, error in service or whatever your defense is. Check your states laws because there is a SOL on you being able to file this motion.
Can a request for default judgment be filed if there was no summons?
Typically, a request for default judgment cannot be filed if there was no summons served on the defendant. The defendant must be properly notified of the lawsuit before a default judgment can be granted. It is important to follow the proper legal procedures to ensure that the defendant's rights are protected.
What is an eviction service and why would somebody hire one?
An eviction service is a service that a landlord can hire to carry him or her through the entire eviction process. This is a deal that requires a single payment and, in most cases, will work until the tenant is evicted or the lawsuit against the tenant is defeated. Such services will work with businesses, single landlords, and even foreclose on houses. Most eviction services work only in certain localities, so that they can become intimately familiar with housing and eviction laws in those areas. Such a service will file a lawsuit to evict a tenant, do all of the necessary paperwork, and represent the landlord in court if necessary. First, the service will deliver the necessary notice to the tenant giving him or her a period of time to meed the landlord’s demands. If the demands are not met after the necessary time, the service will file a lawsuit of Unlawful Detainer against the tenant. After that, the suit must make its way through the courts, the eviction service taking care of it for the entire time. There are a number of reasons to use such a service. First, in many cases, it can be far cheaper than trying to hire a lawyer, as most eviction services accept a single fee for a guaranteed eviction. This is in contrast to lawyers, who will charge more money per hour spent trying to evict a tenant, and will also charge more each time a tenant appeals a decision or contests a lawsuit. Finally, an eviction service has more experience in this area than anybody else. While housing attorneys may have a decent amount of experience in evicting tenants, they do not have nearly as specific experience as do eviction services. Housing attorney also negotiate housing contracts and do other unrelated things. While an attorney could get someone evicted, an eviction service is far more likely to get the job done, and at a lower cost.
You have filed a motion to remove a default judgment due to illness Before the hearing on the motion can you ask for debt validation or have you missed the opportunity?
The best reason for this motion being granted is if you can prove that the service for the case was not done properly...that you didn't show up because you weren't properly served. That can be difficult to show..and good service is normally easy for the other side to prove. If you were in the hospital or such when you should have gone to court, even after good service that may well be acceptable...but at most it means the hearing that was to take place will be held, quickly, again. And if you owe the money, the judgment will likely be the same. (Be prepared to provide what your defense is to the court clerk, or be able to maybe post a bond or such, to even have your motion heard). You have to have a valid defense to bring for why the debt isn't actually owing (not why you haven't paid it)...even getting a default judgment removed has little effect if you can't prove that the subject debt wasn't in fact due...as the creditor will/can quickly and easily have the judgment restored when that occurs and the court would feel your just trying to stall for time...not a good position to be in!
How does plaintiff respond to defendants motion for orders to set aside default and vacate judgment?
Courts generally prefer to decide cases on the merits (facts), rather than by default. However, when an answer to a complaint has not been timely filed, and damages are proven to the satisfaction of the court (either by affidavit or by testimony), a default judgment may be entered. Most jurisdictions require that in order to set aside a default judgment, the following be shown. This assumes a failure to answer a complaint-rather than a default judgment resulting from pleadings having been stricken as a sanction for noncompliance with a court order: --a reasonable excuse for not answering the complaint. Within the scope of this would be the failure to be properly served with process (personal, substitute, or lawful constructive service per applicable statute). If proven, bad service of process effectively voids the judgment, as it can be argued that the court never got personal jurisdiction over the defendant(s). There are other valid excuses for not timely answering; the court has much discretion in that regard. --an arguable, substantive defense to the Plaintiff's claim. It is not enough to say "I did not do it". The motion has to allege facts that tend to show the existence of facts supporting the defense. Otherwise, it would be a waste of time and resources to vacate the default and have a hearing or trial. The motion should be made as soon as possible after discovering the existence of the default judgment. While a prompt motion will not in and of itself guaranty success, waiting a long time to file it will tend to prejudice success. The motion gets filed with the Clerk of the Court where the judgment was entered, and a copy mailed to the the Plaintiff or his/her/its attorney of record. The judge's office should also be contacted for instructions as to how to schedule a hearing on the motion. All of that said, the Plaintiff could argue that there was proper service and that there was no reasonable excuse for failing to timely respond. The Plaintiff would further argue that the Defendant has no meritorious defense to the underlying claim and therefore, a trial on the merits would not change the ultimate outcome. The Plaintiff could also argue that the Defendant waited too long to move to have the default judgment vacated. While there is nothing akin to a statute of limitations for such a motion, the Plaintiff may take the position that the Defendant just waited too long. Finally, depending upon the complexity if the underlying matter, retaining a lawyer may be advisable.
Can hospitals refuse service because of judgment?
No.
Judge set-aside default judgment against me'cuz of lack o' service and P failed to 'validate debt'. P is appealing via 'order to show cause' motion. Sez he has documents that do just that. outcome?
Well, I am in a similar situation and according to my research and legal advice even if P show's cause through is appeal, you will still be granted the judgment to set aside default to do the fact that you were not served, therefore unable to state your case.
