Handling Default Judgments Effectively
Summary
As a power of attorney, managing default judgments involves reviewing the judgment, contacting creditors for negotiation, and potentially filing a motion to set aside the judgment. In Arizona, this includes identifying the correct motion, understanding grounds for the motion, adhering to time limits, preparing and filing the motion with the court, notifying the creditor, and attending a court hearing. Consulting an attorney for personalized advice is recommended.Full Conversation
Tell me more about filing a motion
Sure! Here are some key points about filing a motion to set aside a default judgment in Arizona:
- Identify the Correct Motion: Typically, you would file a "Motion to Vacate" or "Motion to Set Aside" the default judgment.
- Grounds for Motion: Common grounds include lack of proper service, excusable neglect, or newly discovered evidence.
- Time Limits: File the motion within a reasonable time, often within six months of the judgment.
- Prepare the Motion: Include the case caption, explain the grounds for the motion, and attach supporting evidence.
- File with Court: Submit the motion to the court where the judgment was issued and pay any applicable fees.
- Notify the Creditor: Serve a copy of the motion to the opposing party (creditor).
- Attend Hearing: Be prepared to present your case at a court hearing.
Would you like more information on any specific step?