This happened to my husband but they transfered the case and used the first complaint that we just learned new info that he was sub served at an address he did not live . It's a mess!
What do we do when a federal judge refuses to uphold default judgment rules of civil procedure? The defendant never gave a reply within the 21 days and the judge wont grant us win by default . How can he do this?
@@jdelawfirm8388 on merits? We've stated facts backed up by laws from video evidence, police reports and written correspondences. Could you please explain more? Shouldn't the judge uphold the 21 day rule for Default before making a decision? Or it could have been decided prior to the court issuing summons? Unnecessary costs and delay/interruption of court process? Court stated they had a hearing or trial to make the decision without notice to us. That's illegal, isn't it?
@@SuperMike-WonderWendy I am not really following what happened in your case. However, on the merits means that both sides get to present their case and a decision gets made after that.
i was incarcerated during the default judgment entered. Was never properly served and lost community assests through fraudulent claims… Is there anything anyone can help me with?
If you were in jail when you were served, it is definitely possible that the default judgment can be opened back up depending on the rules of your court and the circumstances.
Hello, I have a few questions I would like to ask about default judgement in the Justice Court Pinal County Arizona. I filed a complaint against an insurance company for a vehicle accident their insured was responsible for. The insurance company is in Texas and has assigned the Arizona Department of Insurance as their Statuatory agent. So thus far I filed the service of process to az Dept of Insurance naming the Insurance company as the defendent. Therefore since it was served in Arizona to the Statuatory agent does the 20 day rule apply?
This happened to my husband but they transfered the case and used the first complaint that we just learned new info that he was sub served at an address he did not live . It's a mess!
Good info, but I had to turn the sound up to 100% to hear you....Most videos I watch are at 25% & I can hear them just fine.......
What was the procedural error the other attorney was unable to figure out.
Sending an extra copy of the Summons and Complaint to the Corporation. It is required when serving through the Secretary of State
So now I am curious, What did the other attorney do procedurally wrong several times?
The attorney failed to show serve an additional copy on the business and then waited too long to make a correct motion for a default judgment.
need help with a case in albany NY but i live in nyc
What do we do when a federal judge refuses to uphold default judgment rules of civil procedure? The defendant never gave a reply within the 21 days and the judge wont grant us win by default . How can he do this?
I don't practice in Federal Court but in general, the court grants some leeway because they want cases decided on the merits and not procedural rules.
@@jdelawfirm8388 on merits? We've stated facts backed up by laws from video evidence, police reports and written correspondences. Could you please explain more? Shouldn't the judge uphold the 21 day rule for Default before making a decision? Or it could have been decided prior to the court issuing summons? Unnecessary costs and delay/interruption of court process? Court stated they had a hearing or trial to make the decision without notice to us. That's illegal, isn't it?
@@SuperMike-WonderWendy I am not really following what happened in your case. However, on the merits means that both sides get to present their case and a decision gets made after that.
@@jdelawfirm8388 we never got to present our side except in the complaint. They never defended or responded. That's default, right?
Sounds like it.
Default judgment against rent
i was incarcerated during the default judgment entered. Was never properly served and lost community assests through fraudulent claims… Is there anything anyone can help me with?
If you were in jail when you were served, it is definitely possible that the default judgment can be opened back up depending on the rules of your court and the circumstances.
Hello, I have a few questions I would like to ask about default judgement in the Justice Court Pinal County Arizona. I filed a complaint against an insurance company for a vehicle accident their insured was responsible for. The insurance company is in Texas and has assigned the Arizona Department of Insurance as their Statuatory agent. So thus far I filed the service of process to az Dept of Insurance naming the Insurance company as the defendent. Therefore since it was served in Arizona to the Statuatory agent does the 20 day rule apply?
Unfortunately, I don't practice in Arizona. Timing issues could be completely different there.
Never was severe by process server I have proof he lied