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  1. #1

    Default Motion to Set Aside Default Judgment

    My question involves landlord-tenant law in the State of: Arizona

    I was served a 5 day on January 19th 2009, for about $5,000. This amount was severely over stated. I only owed January's rent in the amount of $1018.00. I was never late before January. I paid my rent, the late fees of 190.00 and the $35 dollar 5 day notice fee totaling 1243.00. They accepted my check and cashed my check and then i turned in the keys on Feb 13, 2009 due to the property going into foreclosure and being auctioned off in April. I had the property management company sign for the keys that i turned in. I later found out that a month after i surrendered the property to them they filed a forcible detain er to evict me from the residence and was able to get a default judgment because i did not show up for court. I filed a motion to set aside the default judgment but they denied my motion. What can I do next, this is very unjust. Please can someone help.

  2. #2
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    Default Re: Motion to Set Aside Default Judgment

    Why did they deny your motion?

    I suspect, at this point, you'll need to retain a lawyer. The next step would typically be to appeal to a higher court, but it's hard to do that from a default.

  3. #3

    Default Re: Motion to Set Aside Default Judgment

    When I filed the motion to set aside the default judgment it was a one page form. My denial was a copy of that motion stamped denied. No reason was given. I have since sought counsel and have been told to file a motion to re-consider in conjunction with a motion for request for oral argument.

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