cancel
Showing results for 
Search instead for 
Did you mean: 

Ex Parte

tag
Anonymous
Not applicable

Ex Parte

Yesterday I received a letter from an attorney That had won a Default Judgment against me. Inside the letter was a copy of a court paper that says: EXPARTE ORDER SETTING ASIDE DEFAULT JUDGMENT.
What exactly does this mean?
Any help would be appreciaited.
Message 1 of 5
4 REPLIES 4
n2win
Regular Contributor

Re: Ex Parte

It's impossible to know exactly what it means without knowing exactly what it says Smiley Wink, but, breaking it down, the parts mean
 
Ex parte means - one party, without the other being notified or represented
 
Order means - a decision by the judge
 
Set aside means - cancel
 
Default Judgment means - binding judgment in favor of the plaintiff when the defendant has not responded to a summons or failed to appear in court

So, a previous default judgment was cancelled with only one party (not you) in court...

I assume the attorney had previously won this judgment against you, for some reason it was cancelled..

This is from wiki

Pragmatic reasons why judgments are set aside are mainly because on balance, it is seen as better to give a person who may have a good defence extra time, and avoid a potentially devastating judgment, and thereby keep a claimant out of their money for a further two to four weeks, than give the claimant the benefit.

However the court can, and often does, order conditions to be satisfied, such as a draft defence being filed first, money paid into court, or similar conditions



 

Goal: acquire and use Credit Cards, scores in the 700's in 2009
05/04/08 FICOS: EQ = 626; TU = 636: EX = 623
06/21/09 FICOS: EQ = 692; TU = 729; EX = 731 (CCT FAKO)
10/03/11 FICO EQ = 722 (CCT EQ = 749)
Message 2 of 5
Anonymous
Not applicable

Re: Ex Parte

You have to watch out for sleazy collection attorneys who claim they already have a judgment when they don't and other such nonsense.  If they had a default judgment against you and it was set aside, that would be good news for you. However it's a bit fishy if you never filed a motion to set aside the judgment.
 
Call the Clerk's Office of the Court, give them the case # (on the notice) and ask them what the status is. That's the only way to tell if what was sent to you is legit or not.  Let us know what happens!
Message 3 of 5
Anonymous
Not applicable

Re: Ex Parte

On March 19.2008 I received court documents stating a default judgment had been won against me. I sent out a Certified Return Requested letter stating that I wanted validation of the debt, and that I had never received a summons of any type stating a court case was pending, I never went by the Alias that was listed, nor was I familiar with the Credit Company.
In return I received a copy of a statement of a bill that had supposedly been mailed to me.
Message 4 of 5
Anonymous
Not applicable

Re: Ex Parte

Do as masdeocho said.  IF there has been a judgment awarded......pay for a certified copy of it.
Message 5 of 5
Advertiser Disclosure: The offers that appear on this site are from third party advertisers from whom FICO receives compensation.