Wednesday, 4 June 2014

In a foreclosure case, I'm the defendant. And I wasn't notified of a court date where they granted plaintiffs motion to strike affirmative d...

Question

In a foreclosure case, I'm the defendant. And I wasn't notified of a court date where they granted plaintiffs motion to strike affirmative defenses.. I had no idea, there was a court date set up. Is there a way to ask for rejudgement? An example would be most appreciative.



Answer

Yes. Make motion to vacate.



Answer

Check the Court file and see if the Motion and the Notice reflect that they were sent to you. If not, then you should move to vacate the Order for lack of notice. The granting of the motion to strike does not end the case and provide for judgment, although it does knock out any of the affirmative defenses which you did plead.



No comments:

Post a Comment