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How d I appeal a default judgement in the state of Arizona, and how much time do I have to appeal?

Phoenix, AZ |

I did not show up for the sumons, and now hav default judgement against me.

Attorney Answers 2


  1. While it is never a good idea to ignore a lawsuit and permit a default judgment to be entered, Arizona (like every state) disfavors default judgments. As a general rule, you have six months from entry of the default judgment to file a motion to have the default set aside. The procedure is governed by Arizona R.Civ.P. 60, and requires a showing of “mistake, inadvertence, surprise or excusable neglect,” or “any other reason justifying relief from the operation of the judgment.” Ariz.R.Civ.P. 60(c)(1). You must also show that you acted promptly in seeking relief from the default judgment, that your failure to file a timely answer was excusable under one of the six subdivisions of Rule 60(c), and that you have a meritorious defense.


  2. The appellate record needs to be examined because what is in the record already sets the stage for what can be done next. The answer to your question may take several hours of legal research. You do not state what the outcome was. Why? And to decide what the next step will be needs to be really fast because the appeal deadline clock is running

    You might find helpful my Legal Guide Questions to Consider Before Bringing an Appeal

    http://www.avvo.com/legal-guides/ugc/questions-to-consider-before-bringing-an-appeal

    Because this matter is so important you should really get a lawyer.

    You might find my Legal Guide helpful "How to Choose A Lawyer For You"

    http://www.avvo.com/legal-guides/ugc/how-to-choose-a-lawyer-for-you

    You might find my Legal Guide helpful " What Do I Tell My Lawyer"

    http://www.avvo.com/legal-guides/ugc/what-do-i-tell-my-lawyer

    No one can know what the record is in the case because online we cannot see your documents. You need a lawyer. Check with a lawyer in your locale to discuss more of the details.

    Good luck to you.

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