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  1. #1
    Join Date
    Jul 2011
    Posts
    7

    Default How Do I Fight a Motion to Set Aside Default Judgment

    My question involves small claims court in the state of: Indiana (Allen County)

    I am suing my ex-roommate for his half of rent and utilities I paid. His name is on the lease and he refused to pay. At the first hearing, I had a witness as to the things of his I had to clean up. The defendant did not show and our hearing was scheduled for 9am. He came the next day and filed a Motion to Set Aside the Default Judgment that was granted to me when he did not show. He said he was moving out of state and on his way to the courtroom his car broke down. I'm wondering if there is a way to fight his claim (there is no form to do so). Does he have to show receipts to prove his car broke down (from the tow truck or garage he took it to)? Does it matter that he didn't call or show up later that same day? His defense is that he did pay the rent, but I have a statement from the property management company, receipts, and my cashed checks to say otherwise. Is there any way to fight this without going to court for another hearing? I don't want to have to use another of my vacation days to go to court, as I am in my first 90 days on the job and I had already asked for vacation time that I won't be able to take if I use that day for this. I already took a day off and played by the rules, is there a way I can plead that in court? It seems unfair that I have to pay for his mistake, and I'm pretty sure he's lying about his reason for not being there since he lied in his defense statement on the form.

  2. #2
    Join Date
    Sep 2005
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    98,846

    Default Re: How Do I Fight a Motion to Set Aside Default Judgment

    Are you asking about what proof you can demand at a hearing to set aside the default, or are you asking about whether his claims are relevant at a new trial that has already been ordered by the court? If the former, and he shows up at the hearing with nothing but his word that his car broke down, you can certainly argue to the court that he should be offering some evidence. If the latter, the relief has already been granted, so I doubt that the court will have much interest in matters irrelevant to whether or not he owes you money.

    You are free to try to get an adjournment of the court date from the court; I can't promise that you'll get one. If you fail to appear for trial, you can expect that you'll lose by default.

  3. #3
    Join Date
    Jul 2011
    Posts
    7

    Default Re: How Do I Fight a Motion to Set Aside Default Judgment

    His defense is completely bogus. Does that matter at all? If so, he lied about his reason he gave the property manager as to why he wanted out of the lease. They are refusing to write a signed statement only saying what he gave as a reason to get out of the lease (and nothing else) because they "don't want to get involved". Can they do that?

  4. #4
    Join Date
    Feb 2010
    Location
    CT & IL
    Posts
    5,273

    Default Re: How Do I Fight a Motion to Set Aside Default Judgment

    Quote Quoting disbelief
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    His defense is completely bogus. Does that matter at all? If so, he lied about his reason he gave the property manager as to why he wanted out of the lease. They are refusing to write a signed statement only saying what he gave as a reason to get out of the lease (and nothing else) because they "don't want to get involved". Can they do that?
    The defense is bogus does not matter -- its almost routine to re-instate the case to vacate the default judgment

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