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Notice To Remove Plaintiff's Motion

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  • 09-12-2007, 06:52 PM
    Cook12625
    Notice To Remove Plaintiff's Motion
    I had a civil suit against me from a credit card company , I typed up a Answer to the Summons and brought it to my lawyer to look at he said he was good and he would bring it to the court house and file the paperwork for me. Anyways I didn't think anymore about it thinking he was taking care of submmitting my response. Well approximately a two weeks later I receive a notice stating I was in default due to my paperwork was not filed. I called my lawyer and he apologized and said he slipped the paperwork into my file and I didn't have anything to worry about because it was just a "Motion for Default of Judgement". Today I receive a notice granting the creditor the judgement due to "Default of Judgement" signed on the 10th and filed on the 11th. I then open the rest of my mail and I have another notice that the Creditor sent to the courts saying; "Notice To Remove Plaintiff's Motion For Default Judgement".

    It continues to say:

    Comes now the Plaintiff, by and through counsel, and respectfully provides this Court with Notice that it is removing its Motion for Default Judegement set for hearing at the convenience of the Court from thos Court's docket."

    What does this mean?

    P.S. At the time of the summons and the period of when I responded my lawyer was actively acting on my behalf it wasn't until I went to him and gave him a $500.00 retainer fee.
  • 09-13-2007, 11:36 AM
    Mr. Knowitall
    Re: Notice To Remove Plaintiff's Motion
    Ask your lawyer to help you figure it out. It sounds like the plaintiff attempted to remove their motion for default from the docket, but the court entered the default before the plaintiff's notice to remove was processed. If the plaintiff did not intend to default you at that point, for whatever reason, they will probably stipulate to set aside the default.
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