Default Judgment Case Solution
ISSUE:Will Home Stuff succeed in setting up a meritorious defense as part of its motion for new trial and set aside default judgment?
RULE: In meritorious defense. To aside a default, defender need to tell court reasons of why you should have a day in court, to present the defense. To present meritorious defense you must file affidavit. In affidavit you state the scenario or your statement about your personal knowledge.
Few meritorious statements are given below:
It was not stated by creditors that they owe money
You can also state that you have paid the money which creditors says that you owe
For Default Judgment the creditors can apply for the default at any time after the default is entered. You can defend by stating that the failure to answer was not intentional. Or you can simply state that it was done mistakenly.
FACTS:
Plaintiffs rented apartment in Huston building, the owners of the apartment was State farm life insurance, the renters filed a suit against plaintiffs for property damage and which was due to fire which result in total damage of material and building.
APPLICATION/ANALYSIS:
The default judgment filed against the building owner was not proper because the court hearing results clearly stated that state farm meet the criteria for setting aside the default judgment. Court also stated that the default Judgment can be set aside, If defendant’s do not submit their reply before the results announcements. In this case they replied on the basis of accident and that was a meritorious defense and the accident did not convety any injury to the renters.
CONCLUSION:
In this case, the appellate court has defined the judgmental rules. The scenario is defined that a family has rented a house in Houston, Texas from the State farm. The case was filed after some time that the house was not properly furnished and the property was damaged. This resulted a fire in the house and the building burnt completely. The higher court assigned the proposed judgmental criteria for the default judgment. The court stated that if the defaulter would not be able to answer against the case for which he has been suited then judgment should be set according to the case. The meritorious defense is also stated if the mistake was not done deliberately and the leniency is also given to the suite person. However, the court suggests the laws, punishment or penalty.......................
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