Q: The judge decree a hearing for disputed facts regarding a petition to open the full judgment and then deny the petition?
I was granted a motion for extraordinary relief, extending time for me to petition to open a default judgment. The judge decreed that it would be a continuance followed by a hearing. Before the decreed hearing date, the judge issued an order denying my petition to open the default judgment despite critical disputed facts which I thought we would be arguing at the hearing. I believe I met all three requirements to open the default especially since the extraordinary relief eliminated my untimely filing. Additionally, I brought up the existence of a written lease as a defense to plaintiff's action in ejectment, which should have triggered the judge to make a determination about the right to immediate and exclusive possession of the property as a prerequisite to entertaining the action in ejectment. Plaintiff ledges the lease to be a forgery however the burden lies upon him to support his allegations with material fact which he has not met. Despite this get writ of possession was filed
A: You may be assuming that the hearing allows you to "fill in the gaps. " if you didn't put all that into your motion, with an affidavit, then the judge may have decided you didn't meet the requirements.
Or, you may not have stated why you didn't respond to the complaint, let alone the notice of intent to take default. It's on you to do those things. "I didn't have a lawyer" is not a reason to not have responded.
The relief doesn't "eliminate the untimely filing." It gives you only a chance to argue why that filing was not appropriate.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.