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Stipulation to set aside default and the judgment.
Anonymous4 views2 answers
Hello,
I did receive a Stipulation to set aside default and default jugment from Plantiff's attorneys'. They want me to sign and file my Answer within 15 days, before the hearing of my Motion to set aside default (eventhough I attached my Answer to a Motion to set aside default a month ago)..
Also few days ago Writ of Execution was issued and I was wondering what is the purpose of sending their Stipulation to me and what legal procedure I should follow to keep up with them? I still want to have the hearing on my Motion in a few weeks...
Thanks a lot!
You should sign and return the stipulation to set aside default and to vacate judgment as soon as possible. Once the court approves the stipulation, file your answer to the complaint before the hearing coming up in two weeks.
Even though you attached a "proposed" answer to your motion to set aside, you need to file the answer as a separate document so that it gets entered into the court docket.
Once the default judgment is vacated, the plaintiff cannot try to enforce the judgment by writ of execution, and your claim of exemption becomes moot. There would not be any need for the upcoming hearing.
Sign it and return the Stip, and then re-file your Answer. But 1st see a lawyer to make sure it's properly done and contains the affirmative defenses you'll waive if you don't assert.
The Stip makes your motion to accomplish the same thing moot. Forget about everything they did wrong, now you've got what you want and can contest their case, if you've got a meritorious defense. And here's why you need to see a lawyer now -- if you don't have a good defense, you'll just be delaying the inevitable, which could have some advantages, but also incurring responsibility for their legal fees and a more pre-judgment interest, which have a definite downside for you.
Disclaimer: Please note that this answer does not constitute legal advice, and should not be relied on, since each state has different laws, each situation is fact specific, and it is impossible to evaluate a legal problem without a comprehensive consultation and review of all the facts and documents at issue. This answer does not create an attorney-client relationship.
