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Set aside Default judgement didn't work. (COURTS, LAWYERS & LITIGATION)

Wed, 16 Feb 2005 17:13:00 GMT

What is the name of your state?Mi.
Had hearing to set aside default judgement last Thursday. Girlfriend's case, she froze and could only say she didn't recv. Counter-claim from def. Atty. although she had in her Motion to set aside reasons, MCR 2.612 (B), Defendant not personally notified. (With approriate challenges to Atty's proofs of service in prior mailings), MCR 2.612(C)(1)(a) Mistake, inadvertance, surprise, or excusable neglect. MCR 2.612(C)(1)(c) Fraud. Defendants' counter-claim is riddled with bald faced lies and HIS witness was there and she would have proven OUR case had Judge set aside and heard counter-claim. End result was Defendant's admit to guilt in original claim we are awarded $1,500,00. Default stands on the counter-claim for $1,800.00, so we owe $ 300.00 for a pack of bull_ _ _ _ he threw together on his client's word. Any hope? Seniorjudge or others how about a hand. Thanks.
Jberd

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  • Wed, 16 Feb 2005 21:11:00 GMT(1)
  • Not the question. We had no atty. Defendant's did. OUR motion to set aside denied. Any recourse for denial? Thanks, Jberd/
  • Thu, 17 Feb 2005 10:55:00 GMT(2)
  • Quote:

    Originally Posted by jberd

    Not the question. We had no atty. Defendant's did. OUR motion to set aside denied. Any recourse for denial? Thanks, Jberd/

    Your clarification made me more confused than ever.
    You are the plaintiff.
    Defendant filed a counterclaim.
    Defendant got a default judgment against you, the plaintiff.
    This is where it gets confusing; so where were you when the default judgment was entered against you?
    File an appeal of the denial of the motion to set aside the default judgment on the counterclaim. Since you were the plaintiff in the action at the trial court level, do not expect to win the appeal.
  • Wed, 16 Feb 2005 17:33:00 GMT(3)
  • If you're asking if you have to pay your attorney for beating a motion to set aside a default judgment, then the answer is yes.
    If that was not the question, then rephrase it.
  • Leave a Comment Now.

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