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  1. #1

    Default Filing a Motion on a Judgement

    Very very soon i will file a motion to set a side a judgement on me for a valid reason (i wasnt served properly) anyways , can i counterclaim when filing my motion for this particular matter or do i have to wait and get approval for judge THEN file counterclaim. OR should i file a separate lawsuit against the defendant?

  2. #2
    Join Date
    Sep 2005
    Behind a Desk

    Default Re: Filing a Motion on a Judgement

    You will need to check the rules of procedure for your state, as court procedures vary by state.

    Broadly speaking, you are likely able to file your answer and counter-claim whenever you choose, but they won't have any significance unless and until you successfully convince the court to set aside the default.

    You have not shared any facts, so we are not in a position to tell you if your counter-claim could potentially be filed as a separate claim, or if it is so connected to the case upon which the default was entered that the default judgment disposes of that claim.

  3. #3

    Default Re: Filing a Motion on a Judgement

    Thanks the court just told me to file my motion to set a side 1st but its over a repossed car i gave up. Come to find out the bank auctioned off my car without notice before hand which is an FTC violation and they didnt sell my vehicle at a COMMERCIALLY REASONABLE MANNER in which i will counter sue for damages in this matter but i dont know how to calculate damages😅

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