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Default Judgment Opposition Guide
Summary
To oppose a motion to set aside a default judgment, file a written opposition with the court. Emphasize that the business was properly served and failed to respond. Include evidence of service, such as a signed return receipt. Clarify that the business, not the owner, is the defendant and responsible for legal obligations. In st. Clair county, illinois, draft your document using a template and submit it to the court. Consult local resources for specific filing procedures.Full Conversation
Vickie
Hi Vickie! How can I assist you with your legal issue today?
Im so confused about a small claims case I have started. I got a default judgement against a business.The lawyers just filed a motion to set aside the judgement claiming the business got this judgement through no fault of it's own.The "business" has an owner so because Im not suing an owner how do I address this. I need to oppose their motion but dont know what to do.
Hi Vickie! To oppose their motion to set aside the judgment, you need to file a written opposition with the court. Here are some key points to include:
- Explain that the business was properly served and had an opportunity to respond.
- Emphasize that the business, not the owner, is the defendant.
- Provide any evidence showing proper service and lack of response from the business.
Would you like help drafting your opposition?
- Explain that the business was properly served and had an opportunity to respond.
- Emphasize that the business, not the owner, is the defendant.
- Provide any evidence showing proper service and lack of response from the business.
Would you like help drafting your opposition?
they know they were properly served., They gave no reason in their motion only "through no fault of it's own" since there is no person being addressed how does a business make decisions,the business is not a humanbn so I feel so stressed out trying to file a response to oppose their motion. They wouuld be correct in their motion because how can a business be responsible for its ownb actions ?its not a human so it cant do anything. See where my confusionb is. I cant say anything about the human failing to show up in cour because the human name is not even on the kawsuit
Hi Vickie! I understand your confusion. Here’s a brief guide to help you with your opposition:
- Clarify the Business Entity: Emphasize that the business, as a legal entity, was properly served and must follow legal procedures.
- Highlight Responsibility: Argue that failing to respond is the business's fault, regardless of whether it’s human or not.
- Provide Evidence: Include proof of proper service and the lack of response from the business.
Would you like assistance drafting your response?
- Clarify the Business Entity: Emphasize that the business, as a legal entity, was properly served and must follow legal procedures.
- Highlight Responsibility: Argue that failing to respond is the business's fault, regardless of whether it’s human or not.
- Provide Evidence: Include proof of proper service and the lack of response from the business.
Would you like assistance drafting your response?
yes
Case Rating: *
Hi Vickie! I can help you draft your response. Could you please provide more details about the evidence you have for proper service and lack of response from the business?
Hi Vickie! I can help you draft your response. Could you please provide more details about the evidence you have for proper service and lack of response from the business?
The court sent the summons and complaint via certified mail and on the court records it shows the signed return receipt and the court verified and documented the mail was received and signed for
Case Rating: *
Hi Vickie! You should emphasize that the business, as a legal entity, was indeed served properly and failed to respond within the stipulated time. Here's what you can include in your opposition:
- Clarify Business Entity: Reiterate that the business, not the owner, was served.
- Responsibility: State that the business entity is responsible for its legal obligations.
- Evidence: Attach the court records with the signed return receipt.
Would you like more specific assistance on how to format and submit this document?
Hi Vickie! You should emphasize that the business, as a legal entity, was indeed served properly and failed to respond within the stipulated time. Here's what you can include in your opposition:
- Clarify Business Entity: Reiterate that the business, not the owner, was served.
- Responsibility: State that the business entity is responsible for its legal obligations.
- Evidence: Attach the court records with the signed return receipt.
Would you like more specific assistance on how to format and submit this document?
since the business is the defendant,who should have showed up to the hearing?
Case Rating: *
Hi Vickie! In a small claims case where the business is the defendant, typically a representative of the business, such as the owner or a designated agent, should show up to the hearing. This could be an owner, a manager, or any person designated by the business to handle such matters.
Would you like more specific assistance on how to format and submit your opposition document?
Hi Vickie! In a small claims case where the business is the defendant, typically a representative of the business, such as the owner or a designated agent, should show up to the hearing. This could be an owner, a manager, or any person designated by the business to handle such matters.
Would you like more specific assistance on how to format and submit your opposition document?
yes
Case Rating: *
Hi Vickie! Here's a basic format for your opposition document:
- Introduction: Summarize the case and the default judgment.
- Service Details: Provide details about the certified mail and signed return receipt.
- Legal Responsibility: Emphasize that the business entity is responsible for appearing in court.
- Conclusion: Request the court to deny the motion to set aside the judgment.
Would you need a detailed template or further assistance with any specific section?
Hi Vickie! Here's a basic format for your opposition document:
- Introduction: Summarize the case and the default judgment.
- Service Details: Provide details about the certified mail and signed return receipt.
- Legal Responsibility: Emphasize that the business entity is responsible for appearing in court.
- Conclusion: Request the court to deny the motion to set aside the judgment.
Would you need a detailed template or further assistance with any specific section?
its in st clair co illinois
Case Rating: *
Hi Vickie! Here’s a more detailed template for your opposition document in St. Clair County, Illinois:
Hi Vickie! Here’s a more detailed template for your opposition document in St. Clair County, Illinois:
Opposition to Motion to Set Aside Default Judgment
Introduction
- State your name and your role as the plaintiff.
- Summarize the case, including the default judgment against the business.
Service Details
- Detail the process of serving the summons and complaint via certified mail.
- Attach the signed return receipt and the court records verifying the mail was received and signed for.
Legal Responsibility
- Emphasize that the business entity, as the defendant, is responsible for responding to legal actions.
- State that the business had the obligation to appear in court through a representative (owner, manager, or designated agent).
Conclusion
- Request that the court deny the motion to set aside the default judgment.
- Sign and date the document.
Would you like any further assistance with any specific part of this template?
Introduction
- State your name and your role as the plaintiff.
- Summarize the case, including the default judgment against the business.
Service Details
- Detail the process of serving the summons and complaint via certified mail.
- Attach the signed return receipt and the court records verifying the mail was received and signed for.
Legal Responsibility
- Emphasize that the business entity, as the defendant, is responsible for responding to legal actions.
- State that the business had the obligation to appear in court through a representative (owner, manager, or designated agent).
Conclusion
- Request that the court deny the motion to set aside the default judgment.
- Sign and date the document.
Would you like any further assistance with any specific part of this template?
The new court date is beore the same judge that gave the default judgement so basically Im telling the judge something they already know.cccccccccccccccccccccccccccccccccccccccccccccccccccccccccccccccccccccccccccccccccccccccccccccccccccccccccccccccccccccccccccccc
Case Rating: *
It sounds like your case is fairly straightforward. When you prepare your opposition, focus on presenting the facts clearly and concisely. Given that the judge is already familiar with the case, this will reinforce your position.
Would you like any additional guidance on specific parts of your opposition document?
It sounds like your case is fairly straightforward. When you prepare your opposition, focus on presenting the facts clearly and concisely. Given that the judge is already familiar with the case, this will reinforce your position.
Would you like any additional guidance on specific parts of your opposition document?
yes,what should i say in my response to the motion
Case Rating: *
Hi Vickie! Here's a detailed template for your response to the motion to set aside the default judgment. Make sure you adjust it based on your specific details:
Hi Vickie! Here's a detailed template for your response to the motion to set aside the default judgment. Make sure you adjust it based on your specific details:
Opposition to Motion to Set Aside Default Judgment
Introduction:
- My name is Vickie, the plaintiff in this case.
- I obtained a default judgment against [Business Name] for [briefly summarize the basis of your claim].
Service Details:
- The summons and complaint were served to [Business Name] via certified mail.
- Attached are the court records, including the signed return receipt, verifying that the mail was received and signed for.
Legal Responsibility:
- As a business entity, [Business Name] is responsible for responding to legal actions.
- Despite proper service, the business failed to respond or appear in court through its representative (owner, manager, or designated agent).
- The argument that the default judgment occurred "through no fault of its own" is invalid as the business had the obligation to respond within the legal timeframe.
Conclusion:
- Based on the evidence of proper service and the failure of [Business Name] to respond, I respectfully request that the court deny the motion to set aside the default judgment.
- Sign and date the document.
Would you like any more specific assistance with any part of this template or any other questions?
Introduction:
- My name is Vickie, the plaintiff in this case.
- I obtained a default judgment against [Business Name] for [briefly summarize the basis of your claim].
Service Details:
- The summons and complaint were served to [Business Name] via certified mail.
- Attached are the court records, including the signed return receipt, verifying that the mail was received and signed for.
Legal Responsibility:
- As a business entity, [Business Name] is responsible for responding to legal actions.
- Despite proper service, the business failed to respond or appear in court through its representative (owner, manager, or designated agent).
- The argument that the default judgment occurred "through no fault of its own" is invalid as the business had the obligation to respond within the legal timeframe.
Conclusion:
- Based on the evidence of proper service and the failure of [Business Name] to respond, I respectfully request that the court deny the motion to set aside the default judgment.
- Sign and date the document.
Would you like any more specific assistance with any part of this template or any other questions?
The registered agent is who was served but i thought they are just responsible for getting this information to the owner not showing up iun court for thr owner
Case Rating: *
Hi Vickie! The registered agent's role is to receive legal documents on behalf of the business and ensure they reach the business owner. However, the business itself is still responsible for responding to legal actions.
Would you like more detailed guidance on how to address this in your response?
Hi Vickie! The registered agent's role is to receive legal documents on behalf of the business and ensure they reach the business owner. However, the business itself is still responsible for responding to legal actions.
Would you like more detailed guidance on how to address this in your response?
ytes
Case Rating: *
Hi Vickie! Yes, the registered agent is responsible for receiving legal documents and ensuring they reach the business owner. However, the business itself must respond to legal actions through a representative.
Here's how you can address this in your response:
- Emphasize that the registered agent was properly served.
- Clarify that the business had the responsibility to respond, not the registered agent.
- State that the failure to respond was the business's fault.
Would you like any more specific assistance with this part of your response?
Hi Vickie! Yes, the registered agent is responsible for receiving legal documents and ensuring they reach the business owner. However, the business itself must respond to legal actions through a representative.
Here's how you can address this in your response:
- Emphasize that the registered agent was properly served.
- Clarify that the business had the responsibility to respond, not the registered agent.
- State that the failure to respond was the business's fault.
Would you like any more specific assistance with this part of your response?
can you give me an example of how the completed response would look like as the court gets it in the mail from me
Case Rating: *
Sure, Vickie! Here's an example of how your completed response might look:
---
IN THE CIRCUIT COURT OF ST. CLAIR COUNTY, ILLINOIS
[Your Name]
Plaintiff
vs.
[Business Name]
Defendant
Case No: [Your Case Number]
OPPOSITION TO MOTION TO SET ASIDE DEFAULT JUDGMENT
---
Introduction:
My name is Vickie, the plaintiff in this case. I obtained a default judgment against [Business Name] for [briefly summarize the basis of your claim].
Service Details:
- The summons and complaint were served to [Business Name] via certified mail.
- Attached are the court records, including the signed return receipt, verifying that the mail was received and signed for.
Legal Responsibility:
- As a business entity, [Business Name] is responsible for responding to legal actions.
- Despite proper service, the business failed to respond or appear in court through its representative (owner, manager, or designated agent).
- The argument that the default judgment occurred "through no fault of its own" is invalid as the business had the obligation to respond within the legal timeframe.
Registered Agent:
- The registered agent was properly served with the summons and complaint.
- The role of the registered agent is to ensure legal documents reach the business owner, not to respond to the court on behalf of the business.
- The failure to respond was the business's fault, not the registered agent’s.
Conclusion:
- Based on the evidence of proper service and the failure of [Business Name] to respond, I respectfully request that the court deny the motion to set aside the default judgment.
---
Signed:
Vickie
[Your Address]
[Your Phone Number]
[Date]
---
Would you like any more specific assistance with any part of this document?
Sure, Vickie! Here's an example of how your completed response might look:
---
IN THE CIRCUIT COURT OF ST. CLAIR COUNTY, ILLINOIS
[Your Name]
Plaintiff
vs.
[Business Name]
Defendant
Case No: [Your Case Number]
OPPOSITION TO MOTION TO SET ASIDE DEFAULT JUDGMENT
---
Introduction:
My name is Vickie, the plaintiff in this case. I obtained a default judgment against [Business Name] for [briefly summarize the basis of your claim].
Service Details:
- The summons and complaint were served to [Business Name] via certified mail.
- Attached are the court records, including the signed return receipt, verifying that the mail was received and signed for.
Legal Responsibility:
- As a business entity, [Business Name] is responsible for responding to legal actions.
- Despite proper service, the business failed to respond or appear in court through its representative (owner, manager, or designated agent).
- The argument that the default judgment occurred "through no fault of its own" is invalid as the business had the obligation to respond within the legal timeframe.
Registered Agent:
- The registered agent was properly served with the summons and complaint.
- The role of the registered agent is to ensure legal documents reach the business owner, not to respond to the court on behalf of the business.
- The failure to respond was the business's fault, not the registered agent’s.
Conclusion:
- Based on the evidence of proper service and the failure of [Business Name] to respond, I respectfully request that the court deny the motion to set aside the default judgment.
---
Signed:
Vickie
[Your Address]
[Your Phone Number]
[Date]
---
Would you like any more specific assistance with any part of this document?
where can i find the form to fill this out on
Case Rating: *
Hi Vickie! In Missouri, there isn’t always a specific form for filing an opposition to a motion. You generally need to draft your document as outlined previously and submit it to the court. If you need a template, you can type it up following the format provided and print it out.
Would you like more details on how to file this with the court or any additional help?
Hi Vickie! In Missouri, there isn’t always a specific form for filing an opposition to a motion. You generally need to draft your document as outlined previously and submit it to the court. If you need a template, you can type it up following the format provided and print it out.
Would you like more details on how to file this with the court or any additional help?
st clair cco illinois
Case Rating: *
Hi Vickie, I understand you are dealing with a small claims case in St. Clair County, Illinois. Here’s some general information to help you:
Hi Vickie, I understand you are dealing with a small claims case in St. Clair County, Illinois. Here’s some general information to help you:
Steps to File Your Opposition:
*. Draft Your Document: Use the template provided earlier to draft your opposition.
*. Attach Evidence: Include the court records showing proper service.
*. File with the Court: Submit your opposition to the court clerk's office.
Phone: (*) *-*
Address: * Public Square, Belleville, IL *
Website: www.co.st-clair.il.us
Would you like any more specific assistance with filing or any other questions?
*. Draft Your Document: Use the template provided earlier to draft your opposition.
*. Attach Evidence: Include the court records showing proper service.
*. File with the Court: Submit your opposition to the court clerk's office.
St. Clair County Circuit Court
Phone: (*) *-*
Address: * Public Square, Belleville, IL *
Website: www.co.st-clair.il.us
Would you like any more specific assistance with filing or any other questions?
on what form is my question.whats the name of the form to fill out and where do i find this foorm online
Case Rating: *
Hi Vickie! In St. Clair County, Illinois, there typically isn’t a specific pre-made form for filing an opposition to a motion to set aside a default judgment. You will need to draft your own document using the template provided and then submit it to the court. You can format it as a formal letter or legal document and include the points mentioned previously.
Would you like more specific guidance on drafting, or do you have any other questions?
Hi Vickie! In St. Clair County, Illinois, there typically isn’t a specific pre-made form for filing an opposition to a motion to set aside a default judgment. You will need to draft your own document using the template provided and then submit it to the court. You can format it as a formal letter or legal document and include the points mentioned previously.
Would you like more specific guidance on drafting, or do you have any other questions?
they name their forms and come with questions and shows how to fill out the form, they come from the legal aide
Case Rating: *
Hi Vickie! It sounds like you have a good understanding of your situation. For your opposition, you will need to create a custom document as there isn't a specific form for this in St. Clair County, Illinois. Here is what you should do:
*. Draft Your Document: Use the detailed template provided earlier.
*. Attach Evidence: Include the court records showing proper service.
*. File with the Court: Submit your opposition to the court clerk's office.
Would you like more specific assistance on any part of this process?
Hi Vickie! It sounds like you have a good understanding of your situation. For your opposition, you will need to create a custom document as there isn't a specific form for this in St. Clair County, Illinois. Here is what you should do:
*. Draft Your Document: Use the detailed template provided earlier.
*. Attach Evidence: Include the court records showing proper service.
*. File with the Court: Submit your opposition to the court clerk's office.
Would you like more specific assistance on any part of this process?
no. i will print this out and follow
Case Rating: *
It looks like you have a good handle on your situation, Vickie. Best of luck with your filing! If you need any more help in the future, feel free to reach out.
It looks like you have a good handle on your situation, Vickie. Best of luck with your filing! If you need any more help in the future, feel free to reach out.
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