...just had a judgment vacated last wk...got a letter in the mail today from the atty for the apt complex saying that my claims that I was served improperly is not true, blah blah blah, and that they now want attorney fees "for having to respond" to the motion to have the judgment vacated...i already have the signed document from the courthouse granting my motion to vacate...what should i do in response to this letter? Please help!
khass, I've never had a judgment, but seems to me you can do what you want or nothing at all with the letter. It's about a week short for saying your claims are bogus and requesting attorney's fees, they should have done that before it was vacated. Sassy
If they had done things properly to begin with, there would have not been grounds to vacate, which lead to the decrease in their bottom line. Attorneys fees....HA! What consumer in their right mind brings someone to court and then pays the defense's attorneys for them????
...he filed w/the court...it says "plaintiff responds to defedant's motion and requests the same be denied for the following reasons: Under rule 60c, blah blah blah, the defendant has to show a meritorious defense and excusable neglect. The complaint was properly served under ARS 33-1377. The defendants defense is that the judgment was somehow altered and that he was not served. Roommate appeared and entered into a sipulated judgment. Furthermore, there is no evidence presented by the defendant to show that rent was not due and owing. Based on the above, plaintiff requests that defendants motion be denied and plaintiff be awarded their attorney's fees for having to respond to motion...filed on this date w/the clerk of the court." Seems to me that they're too late. I hope I'm right. Any suggestions?
Hmmm....seems they just proved your point to the court "Late with their response to Motion to Vacate, must have messed up service to you too", yep we were right to grant the motion. Just thinking out loud, LOL Tuit
I would file an answer with the court and be sure to appear on the hearing date. The burden of proof is still theirs so they must prove that you were served.
anyone else have any other suggestions...do i have to file a response w/the court being that the judgment has already been vacated and i have the paperwork in hand?
Khass, I unfortuantely can't be of any help, but I would appreciate if you keep us updated on this as it goes on. I have what sounds like a similar situation in that I had a roommate served, and he never notified me that we were being sued, due to some animosity between us at the time. I defaulted because I never knew anything about it. I wish you the best and hope to hear that you prevail in this situation.
it was signed and dated by the judge on 9/11/02, then they filed their motion on 9/23/02, so i guess they're out of luck this time around...if they want me they have to start again from scratch
