topic Re: Ex Parte in Rebuilding Your Credit

Ex Parte

Anonymous — Mon, 14 Jul 2008 19:28:46 GMT

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.

Re: Ex Parte

n2win — Mon, 14 Jul 2008 19:45:57 GMT

It's impossible to know exactly what it means without knowing exactly what it says , 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

Re: Ex Parte

Anonymous — Mon, 14 Jul 2008 19:46:40 GMT

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!

Re: Ex Parte

Anonymous — Mon, 14 Jul 2008 20:02:43 GMT

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.

Re: Ex Parte

Anonymous — Mon, 14 Jul 2008 21:06:35 GMT

Do as masdeocho said. IF there has been a judgment awarded......pay for a certified copy of it.