I am in the process of a Dissolution of a Registered Dom Partnership. An entry of Default was entered against me in Dec 2013 not because of my lack of participation but because i was unaware of what the default meant and the ramifications. i filed my request to set aside in Sept 2014. There have been, to date, no orders or judgments in this case. I am trying to handle the case myself and although well informed and educated now, i am facing a hearing where the opposing attorney is going to oppose my Request to Set Aside the Default Entry and believe this is probably best handled by a lawyer in order for a positive result.
You must first set aside the default before asking the court for any orders...The court won't hear any of your requests until that is done. You should contact an attorney, as setting aside default is not easy.
Obviously you did not participate by filing a response. You would be well served by hiring an attorney. It is unlikely you will receive an award of attorneys' fees because the Request to Set Aside would not have been necessary if you had filed a response to the Petition.
Your request to set aside your default is untimely. Since you were served, you only had 6 months to move to set it aside. Unless and until it is set-aside, you cannot participate in the proceedings, i.e., you cannot file a request for attorney fees. Your insight, that you need an attorney, comes a little late I am afraid.
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Unfortunately, when you try to handle legal matters yourself, this is what happens. There is a court rule that mandates the court to set aside the default if you have an attorney. It is automatic if the lawyer knows what to do. Since you've waited almost a year, you've gone past the 6 month period. Best to contact a lawyer at this point to see how they can help you with the proper motion (473 would have been the proper motion for the 6 month set aside). Now, he or she has to write a different motion setting forth all of the reasons your default was taken. Going the cheap route will sometimes cost you more. Best.
This is a general statement regarding law and facts and should not be construed as an attorney-client relationship or a solicitation for same.
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