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twoggle

11/30/06 8:52 PM

#198536 RE: energymanNJ #198528

Here is typical advice for setting aside
default judgements. You can find this discussed
all over the web. Given that they apparently
couldn't locate Dennis Ammerman (!), he may
have a case in setting aside the default judgement.

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File a motion to set aside/vacate the default judgment against you on the grounds of:

1. Due process: they failed to provide you any notice of the suit and never obtained service;

and

2. excusable neglect, because you did not learn of the lawsuit until you were given notice of the damages hearing.

Attach an affidavit, stating that you were never served, did not know about the suit, or about the underlying issues of the suit, until you were given notice of the damages hearing.

Get it sworn and the notary to put his stamp on it (and bank should have a notary).

file it. the court should set aside the judgment (if you, you have a definite winner on appeal). Then prepare to defend the lawsuit.
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Twoggle
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janniebgood

11/30/06 8:55 PM

#198543 RE: energymanNJ #198528

No, it merely means the defendants failed to appear in court to answer the complaint or at final hearing on the matter.