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Old 04-09-2018, 09:20 AM
Enough Exams Already Enough Exams Already is offline
Join Date: Sep 2001
Posts: 3,715

Originally Posted by kingofants View Post
Actually, his lawyer will file a Motion to Vacate a Default Judgement.

He never showed up, so a default judgement is held against him.

They will claim that the reason he didn't show up is because I lead him to believe that I was going to extend the court date.

And his lawyer is definitely one of those low life vulture lawyers that scam people like deadbeat roommate.
So the original situation wasn't actually "A sues B, A won", which implies the case was tried and decided on its merits. It was "A sues B, B doesn't appear, A wins a default judgment"...which is a very different set of circumstances, because the decision was based on procedural grounds (B's failure to appear).

And before you start whingeing, as you're finding out now, such details matter in litigation.

Vulture or not, his lawyer could just have a good argument for vacating the default judgment. Equity generally requires that a decision be based on substantive issues rather than procedural ones (cf. laches and statutes of limitations).

So go try your case on its merits this time. You've always thought that your actual case is a winner. Now you'll just have to go through your case instead of only going through the motions (pardon the pun).
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