Sentences with phrase «to set aside the default judgment»

The judge might be more likely to set aside the default judgment if she sees that you have a good defense to the plaintiff's claims that might allow you to avoid liability altogether.

In determining whether to grant the motion, the court will consider several factors including whether unfair prejudice will result if the court does not set aside the default judgment.

While a spouse can ask the court to set aside a default judgment if he did not receive the divorce paperwork, exceptions apply if service was accomplished by publication.

He found that the jurisprudence around the air of reality test for setting aside default judgment under Rule 19.08 to be instructive, without importing those decisions into the anti-SLAPP procedures, leaving the exact balance for the defence raised in these proceedings to be determined by subsequent cases.

The Ontario Court of Appeal has upheld a Superior Court Judge's decision to set aside a default judgment obtained by the plaintiff and allow the defendant the opportunity to enter a defence.

An Accra High Court dismissed an application filed by the disputed Parliamentary Candidate, Nii Noi Nortey, which sought to set aside a default judgment thereby setting the pace for the opposition.

The court may agree to set aside a default judgment even if you did not send in a reply form within the time limit if:

A lawyer may be able to set aside the default judgment in State court and stop the wage garnishment.

The Ontario Superior Court of Justice in Busseri v. Doe, 2014 ONSC 819, dealt with the defendant's motion to set aside default judgment against him in an internet defamation case.

The Court set aside the default judgment and entered a parenting plan that granted Bonnie full residential custody of her daughter.

In what has to be one of the more unusual cases I have come across, a Superior Court judge has set aside a default judgment after being satisfied that the process server hired by the plaintiff to serve its claim swore «untruthful» affidavits of service which were subsequently relied on by the plaintiff to obtain default judgment.

When bringing a motion to set aside default judgment defendants better have good evidence and respond quickly, according to a recent Ontario Superior Court decision.

The Court of Appeal held that in doing so the motion judge essentially disposed of the case on its merits as opposed to merely setting aside the default judgment and allowing the case to proceed defended.

Mr. Slansky eventually consented to an order setting aside the default judgment four days before the motion to set aside the noting in default was to be argued.

While it is up to the discretion of the court to determine if the spouse had a good reason, Missouri courts have set aside default judgments when a spouse did not properly serve the petition or misled the spouse into believing the divorce was already settled.

In New Mexico, the standard for setting aside a default judgment is similar to that in the case discussed above.

The appellants appeal the dismissal of their motion to set aside the default judgment obtained by the respondent.

The trial court should have set aside the default judgment it had wrongly entered against the State and allowed the Attorney - General to defend the action as she intimated.

In a rather unusual case, an Ontario Superior Court judge has set aside a default judgment that was obtained at an uncontested trial where the defendant intentionally decided not to show up.

In considering a motion to set to aside default judgment, the Court must consider the following factors: (1) whether the motion to set aside the default judgment was brought without delay after the moving party learned of the default judgment; (2) whether the circumstances giving rise to the default judgment have been adequately explained; and (3) whether the moving party has an... Read More

Setting aside default judgments; clerical mistakes; independent actions to relieve party from judgment or proceedings; grounds and time limitations.

On appeal, the court held that the trial court should have set aside the default judgment.

A few months following the decision a motion was brought by the Defendant to set aside the default judgment.

Kemp v Boat Sales, Inc Michigan Court of Appeals Docket No 217863 (February 23, 2001)(affirming decision to deny motion to set aside default judgment)

National Westminster Bank Plc v Bowles: [2006] EWHC 2024 (Comm); [2005] EWHC 182 (QB) Acted on behalf of a bank seeking to enforce a guarantee, and in opposing application to set aside a default judgment.

If the judge grants your motion and sets aside the default judgment, any money taken from you should be returned (unless the judge orders something different).

So to set aside your default judgment, the judge must agree that one of these reasons addresses your particular situation and that your circumstances warrant the judgment being set aside.

For instance, the presence of an arguable defence on the merits may justify the court exercising its discretion to set aside the default judgment, even if the other factors are unsatisfied in whole or in part.

Mr. C's Donuts and More), [1993] O.J. No. 260 and the Court of Appeal case in Schill & Beninger Plumbing & Heating Ltd. v. Gallagher Estate for setting aside default judgments.

Nevertheless, the motion judge ruled, given the evidence from both sides that the defendant may not have actually agreed to pay 24 % interest, that it was in the interest of justice to set aside the default judgment and change the rate of interest from 24 % to 5 %.

The court's ultimate task on a motion to set aside a default judgment is to determine whether the interests of justice favour granting the order.

The defendant did eventually appear, presumably after learning of the award of $ 100,000 against him, and attempted to set aside the default judgment.

The terms of CPR 13.2 were such that it was mandatory in those circumstances that the court had to set aside the default judgment.