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Topic: Motion for Default

Created on: 07/29/14 07:33 PM

Replies: 7

JOHN48


Joined: 07/18/14

Posts: 2

Motion for Default
07/29/14 7:33 PM

I was served the summons and answered along with my affirmative defenses. I noticed that the affirmative answers were not matching up with the complaints so, I put in a Motion for leave to amend using the I move the court phrase.
I sent the new Motion to amend certified mail and received the green card back showing they got it, and also filed it with the court on the same day.
I now received a Motion for default against my wife. I included her in all my legal proceedings and I'm guessing it's because she wasn't on the note. She was on my answer and affirmative defense docs together with me as with everything.

Any ideas? John

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DOCTOR1


Joined: 11/08/13

Posts: 14

RE: Motion for Default
07/31/14 8:02 AM

Did your wife respond to the complaint in any way?

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JOHN48


Joined: 07/18/14

Posts: 2

RE: Motion for Default
07/31/14 10:15 AM

She was included as defendants (Her and I) in my answer.

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JEROME2


Joined: 02/05/14

Posts: 84

RE: Motion for Default
10/15/14 11:18 PM

Last month I received a letter from a law firm in Maryland. It appears that the were pursuing action against a former owner of my current property in a lead poisoning case. They files a Motion for Equity Discovery to find evidence in my property.

The letter gave me 7 days to grant their request or they would seek a court order against me. Maybe it's just me, but if you are seeking someone's aid...you don't threaten them with court action. I was incensed by their letter so I drafted my standard 4 documents.

I looked at the time deadline they gave me. The letter was dated 9/23. They mailed it 9/25 regular 1st class mail. And I received it on Sept 28th. I had only 2 days to reply. It appeared that they did not want to give me time to reply.

I immediately looked at the Maryland Rules Book for time deadlines. It basically states that time deadlines must be met. But there is an exception: Deadlines of 7 days or less require an additional 3 days for mail delivery.

The Law Firm ignored this rule and filed for a Summary Judgment against me on the 7th day. In my documents to the court I cited the rule and appropriate case law.
My other standard document was a Conditional Acceptance of their offer to contract...on my terms. Which was reasonable compensation.

On the day of the hearing the attorney thought she had a slam-dunk case against this lowly Pro Per opponent.
During my turn, I cited my case law and the Conditional Acceptance which I filed into the court records. The judge then asked the attorney if there is any rule or case law that prevents the property owner from receiving reasonable compensation...there was no answer.

The judge then ruled in my favor. And Dismiss the case as Moot...because of the existing counter-offer. And outside of the court order, instructed the attorney to pay me for reasonable compensation. I got $40 buck for the 1/2hr inspection.

If you want to view the court record here is the case# 24-C-14-004375. The website is:casesearch.courts.state.md.us

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HALINA1


Joined: 11/08/13

Posts: 60

RE: Motion for Default
10/16/14 11:06 AM

Congrats! Isn't it a great feeling and assuring that this course really is very good. I recently experienced that feeling in a matter concerning my home-owners association who wanted to impose fines ... after I did my homework and sent them a reply they reversed themselves :)

ME@htb

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JURISDICTIONARY


Joined: 11/23/13

Posts: 142

RE: Motion for Default
10/17/14 6:05 AM

Thanks, guys, for helping each other with the course! PLEASE URGE OTHERS TO GET THE COURSE!

Thanks again!

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JEROME2


Joined: 02/05/14

Posts: 84

RE: Motion for Default
10/17/14 10:36 AM

Thanks Halina1,

We've communicated several times before. I had no clue what a Memorandum document was, and its importance until I took Dr. Graves course. And it worked! I got all my points and cited case law on the record without fear of the prosecution objecting my every statement, or the judge ignoring me.

And I'm sure if I did know the rule concerning the time to respond to request, I would have lost on a default judgment.
So far my in-court win record is 2-0. My out of court record is 4-0! This Jurisdictionary course is very empowering!

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HALINA1


Joined: 11/08/13

Posts: 60

RE: Motion for Default
10/17/14 2:41 PM

The legal sysyem is very intimidating ,,, mostly because it's the mystry of law school. But Jurisdictionaly removes the mystry & simplifies basic concepts ... it's still all a mystry ... but at least I acquired tools allowing me to proeed. Onward!

ME@htb

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