amijewelry
New Member
if i have to answer the motion to vacate a default judgment. That i won on Jan . 12 09 .How should I do this. these are 2 separated incidents against the same defendant.in two different court rooms on the same day. CASE In room 111 the defendant had a lawyer . CASE 2 In room 112 defendant did not have a lawyer nor did he answer the summons. In both cases he was properly served by a sheriff , But he and his attorney did not read the complaints .
court case room 111 was a suit for hiring an unlicensed tree trimmer with out a permit or insurance who damaged my house.on November 27 ,04
court case room 112 was for a rotted tree falling on my house on Nov 24 ,04 , after chuck was given notice to cut the tree back because the tree was rotted and dead he agreed to do this . But failed to act in a timely fashion and tree fell.Because he forgot.
day of court
I show up in room 111 both cases are the same day two separate court rooms . I see the lawyer in room 111 and the lawyer tells me that we must go to mediation . I said ok . I tell the court I am there .I tell the lawyer I have to appear in another case next door room 112 . And I can come back to pick up the paper work when I finish in room 112 .Lawyer says ok. But by the time we finish in room 112 ,court is over in room 111. So I had to get the notice of mediation myself , since no one mailed me a copy. Though they say on the clerks site they did mail it I never got the notice . But I was told I am responsible to call and check on any info myself.Since I am pro se Same as a lawyer must check.
I never told the attorney that the case in room 112 was against his defendant in the case in room 111 . 1. BECAUSE HE WAS NOT AN ATTORNEY ON THAT CASE SO I DIDN'T FEEL I SHOULD TELL HIM ABOUT THE OTHER CASE . notice was served and excepted by the defendant and I was never told he would be represented by an attorney. So I said nothing.
2 Suits were filed and excepted by respondent .On 2 separate incidents .
He did not respond to 1 of the cases . I won the judgment by default on this case.
He did not appear in court although he was served properly.
The default judgment for 8,000 less that what I filed for.
after 28 working days . Which is almost 5 weeks after the default judgment. I send the defendant a copy of the judgment. Asking for payment or I will get a discovery for assets.
He hires a lawyer with a Motion to Vacate Default Judgment.
Lawyer states .
I did not inform the attorney that there was a case in room 112 against his defendant.
MY answer to this why would I inform him about something that doesn't concern him.
That I filed 2 suits on the same incident.
No I filed a suit for a claim on Nov 24 , when his rotted tree fell . case in room 112 with out a lawyer. and default judgment was entered against the defendant. My insurance co charged me 2 deductible because the claims were separate incidents.
case in room 111 was for claim Nov 27 he hired an unlicensed tree trimmer without insurance or a permit and he then dropped the tree a second time on my house and drive way causing additional damage.
motion to vacate
1. Lawyer states the they thought the 2 separate suits were for the same case even though the complaint states otherwise and they were in 2 separate court rooms .two separate incidents on 2 separate dates .
My reply The lawyer should have read the complaint before assuming it was the same case .So by this statement the lawyer is telling me that you were aware of the 2 separate document that you were served by the sheriff , but you failed to read the complaints and assumed they were for one case . So you choose not to reply to the summons or to appear in court ,by guessing they were for the same case. And you had an attorney ?
Is this logical and can he ask to vacate the default judgment on these grounds ? he was unaware it was 2 cases ?
2. I did not give them a notice of the judgment until Feb 18 ,2008
I was told by the court that in pro se. I am responsible to check on all documents myself.
HE did not have an attorney on this case so he is responsible to check with the court same as I was .
3.After the Judgment was won by default the exact words of the judge . You can give them a copy I did give the copy on Feb. 19, 08 , I was never told there was a time limit . And judge said I can give them a copy. Not I must give them a copy . Should the court mail him a copy of the default judgment?????????
I had a judgment against me and I was never informed that I had a judgment against me .
4. lawyer complained I never told her when I was in room 112 for the date for mediation , That her client was a defendant in another case in room 111 . I did tell her I had another case in room 111 , But I am not the defendants lawyer nor was she his lawyer in that case so why should I say anything to her?
Am I correct did I have a duty to inform her of a hearing she is not the lawyer on because she is the defendants lawyer in another case?
Can he vacate the motion for failing to read the complaints and assuming they were one case ? By assuming they were one case doesn't that say he knew 2 sets of papers were served and he didn't read them ? is this an admission that they had 2 set of papers. because they assumed they were the same case.
2. Am I obligated to inform an attorney not on a case, about the other case he was not an attorney on?
3. since it is pro se and he did not hire an attorney or respond to the case . But as you can see he was aware there where two sets of papers filed .But assumed they were for one case by not reading the case numbers, the complaint, or the court rooms were both differant. who is at fault here.
4. Am I bound to inform defendant he has lost the default judgment.With in a certain time frame . Because it is pro se I was told make sure I call on updates on my case. Same rule for him.
Hope I don't sound like a nut I know I repeated here but I want to make sure it is clear I did follow the rules .
Also in the case where the default judgment was granted it was for additional damage to my house , I did not claim on my insurance.
But I forgot to ask for the deductible , and my car that was crushed ,.
Now since this was not in the original claim . Because that suit was for just the additional damages that was not paid for by my insurance . Can I file an additional suit for the auto which is of course separate from the claim of damage to my house.And can I file for the deductible since
court case room 111 was a suit for hiring an unlicensed tree trimmer with out a permit or insurance who damaged my house.on November 27 ,04
court case room 112 was for a rotted tree falling on my house on Nov 24 ,04 , after chuck was given notice to cut the tree back because the tree was rotted and dead he agreed to do this . But failed to act in a timely fashion and tree fell.Because he forgot.
day of court
I show up in room 111 both cases are the same day two separate court rooms . I see the lawyer in room 111 and the lawyer tells me that we must go to mediation . I said ok . I tell the court I am there .I tell the lawyer I have to appear in another case next door room 112 . And I can come back to pick up the paper work when I finish in room 112 .Lawyer says ok. But by the time we finish in room 112 ,court is over in room 111. So I had to get the notice of mediation myself , since no one mailed me a copy. Though they say on the clerks site they did mail it I never got the notice . But I was told I am responsible to call and check on any info myself.Since I am pro se Same as a lawyer must check.
I never told the attorney that the case in room 112 was against his defendant in the case in room 111 . 1. BECAUSE HE WAS NOT AN ATTORNEY ON THAT CASE SO I DIDN'T FEEL I SHOULD TELL HIM ABOUT THE OTHER CASE . notice was served and excepted by the defendant and I was never told he would be represented by an attorney. So I said nothing.
2 Suits were filed and excepted by respondent .On 2 separate incidents .
He did not respond to 1 of the cases . I won the judgment by default on this case.
He did not appear in court although he was served properly.
The default judgment for 8,000 less that what I filed for.
after 28 working days . Which is almost 5 weeks after the default judgment. I send the defendant a copy of the judgment. Asking for payment or I will get a discovery for assets.
He hires a lawyer with a Motion to Vacate Default Judgment.
Lawyer states .
I did not inform the attorney that there was a case in room 112 against his defendant.
MY answer to this why would I inform him about something that doesn't concern him.
That I filed 2 suits on the same incident.
No I filed a suit for a claim on Nov 24 , when his rotted tree fell . case in room 112 with out a lawyer. and default judgment was entered against the defendant. My insurance co charged me 2 deductible because the claims were separate incidents.
case in room 111 was for claim Nov 27 he hired an unlicensed tree trimmer without insurance or a permit and he then dropped the tree a second time on my house and drive way causing additional damage.
motion to vacate
1. Lawyer states the they thought the 2 separate suits were for the same case even though the complaint states otherwise and they were in 2 separate court rooms .two separate incidents on 2 separate dates .
My reply The lawyer should have read the complaint before assuming it was the same case .So by this statement the lawyer is telling me that you were aware of the 2 separate document that you were served by the sheriff , but you failed to read the complaints and assumed they were for one case . So you choose not to reply to the summons or to appear in court ,by guessing they were for the same case. And you had an attorney ?
Is this logical and can he ask to vacate the default judgment on these grounds ? he was unaware it was 2 cases ?
2. I did not give them a notice of the judgment until Feb 18 ,2008
I was told by the court that in pro se. I am responsible to check on all documents myself.
HE did not have an attorney on this case so he is responsible to check with the court same as I was .
3.After the Judgment was won by default the exact words of the judge . You can give them a copy I did give the copy on Feb. 19, 08 , I was never told there was a time limit . And judge said I can give them a copy. Not I must give them a copy . Should the court mail him a copy of the default judgment?????????
I had a judgment against me and I was never informed that I had a judgment against me .
4. lawyer complained I never told her when I was in room 112 for the date for mediation , That her client was a defendant in another case in room 111 . I did tell her I had another case in room 111 , But I am not the defendants lawyer nor was she his lawyer in that case so why should I say anything to her?
Am I correct did I have a duty to inform her of a hearing she is not the lawyer on because she is the defendants lawyer in another case?
Can he vacate the motion for failing to read the complaints and assuming they were one case ? By assuming they were one case doesn't that say he knew 2 sets of papers were served and he didn't read them ? is this an admission that they had 2 set of papers. because they assumed they were the same case.
2. Am I obligated to inform an attorney not on a case, about the other case he was not an attorney on?
3. since it is pro se and he did not hire an attorney or respond to the case . But as you can see he was aware there where two sets of papers filed .But assumed they were for one case by not reading the case numbers, the complaint, or the court rooms were both differant. who is at fault here.
4. Am I bound to inform defendant he has lost the default judgment.With in a certain time frame . Because it is pro se I was told make sure I call on updates on my case. Same rule for him.
Hope I don't sound like a nut I know I repeated here but I want to make sure it is clear I did follow the rules .
Also in the case where the default judgment was granted it was for additional damage to my house , I did not claim on my insurance.
But I forgot to ask for the deductible , and my car that was crushed ,.
Now since this was not in the original claim . Because that suit was for just the additional damages that was not paid for by my insurance . Can I file an additional suit for the auto which is of course separate from the claim of damage to my house.And can I file for the deductible since
