Relief from Default Judgment Still a long way to g
Post# of 11038
Posted On: 09/25/2015 5:25:02 PM
Relief from Default Judgment Still a long way to go for COR and followers. Check the following:
The trial court can set aside a default judgment if the defendant can show a good reason for his or her failure to answer the complaint or otherwise defend the lawsuit. The courts recognize the following as grounds to set aside a default judgment:
Mistake or excusable neglect
Newly discovered evidence that could not have been discovered before by due diligence
Fraud
Seeking relief from a default judgment varies between the states. In Ohio, a person has up to one year after a judgment is entered to file a motion to set aside a default judgment while in Arizona, the time period is six months. The defendant must show that (1) the failure to answer within the time required by law was due to one of the reasons mentioned above; (2) that relief was promptly sought after finding out about the default judgment; and (3) that the defendant had a good defense to the lawsuit.
The trial court can set aside a default judgment if the defendant can show a good reason for his or her failure to answer the complaint or otherwise defend the lawsuit. The courts recognize the following as grounds to set aside a default judgment:
Mistake or excusable neglect
Newly discovered evidence that could not have been discovered before by due diligence
Fraud
Seeking relief from a default judgment varies between the states. In Ohio, a person has up to one year after a judgment is entered to file a motion to set aside a default judgment while in Arizona, the time period is six months. The defendant must show that (1) the failure to answer within the time required by law was due to one of the reasons mentioned above; (2) that relief was promptly sought after finding out about the default judgment; and (3) that the defendant had a good defense to the lawsuit.
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IMHO
Always, always do you own DD. Only invest funds you can afford to lose and trust nobody but yourself.
Always, always do you own DD. Only invest funds you can afford to lose and trust nobody but yourself.
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