Responding To Default Motion

Summary

To respond to a motion to set aside a default judgment, review the motion, draft a response, file it with the court, and attend the hearing. If you havent received the motion, request it from the court or opposing attorney. You have the right to see the motion filed by the other party. Consult a local attorney for further assistance.

Full Conversation

how do i file a response to a motion to set aside default judgement. I won the case but 35 days later they file a motion to vacate the default judgement in st clair co court
Hey Vickie! Here are some general steps you can follow to file a response to a motion to set aside a default judgment:
*. Review the Motion: Carefully read the motion to understand the reasons provided for vacating the default judgment.
*. Draft Your Response: Write a response addressing each point raised in the motion. Clearly explain why the default judgment should not be set aside.
*. File Your Response: File your response with the St. Clair County Court. Also, ensure you serve a copy to the opposing party.
*. Attend the Hearing: Be prepared to present your case at the scheduled hearing.
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they did not give me a copy of the reason why
Hey Vickie! If you haven't received a copy of the motion, you can:
- Request a Copy: Contact the St. Clair County Court to request a copy of the motion.
- Check Court Records: You may access court records online or in person to find the filed motion.
Would you like further assistance or to be connected to a local lawyer?
the attorney paralegal just sent me a copy of the court hearing date.it did not give me any other info
Case Rating: *
Vickie, since you have received only the hearing date, you should:
- Contact the attorney or paralegal to request the full motion details.
- Visit the St. Clair County Court to obtain a copy of the motion.
Would you like further assistance with this process?
yes
Case Rating: *
Vickie, ensure you get the full motion details and file your response promptly. If you need further legal assistance, consider consulting with a local attorney. Good luck with your case!
why would a para legal not send me the full motion?
Case Rating: *
Hey Vickie! There could be several reasons why a paralegal might not send you the full motion:
- They might be waiting for attorney approval.
- It could be an oversight or mistake.
- They might not be authorized to provide full legal documents directly.
Have you tried contacting the paralegal or attorney directly to request the full motion?
dont i havee a right to see their defense? I had to give them all my proof when i filed my case
Case Rating: *
Hey Vickie! Yes, you generally have the right to see the motion filed by the other party. Here are some steps to ensure you get a copy:
- Contact the opposing attorney directly and request the full motion.
- Check with the St. Clair County Court to review the court file.
Have you tried contacting the opposing attorney directly?
no but il court documents only showed my court case and date none of my details about the case were visible
Case Rating: *
Hey Vickie! It’s important to get the full motion details to file an appropriate response. You should:
- Contact the St. Clair County Court to review the full court file.
- Request the full motion from the opposing attorney directly.
Would you like any further assistance with this process?