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Los Angeles, CA |

I recently filed a Motion to Set Aside Default and Default Judgment for an unlawful Detainer. First, I was never served, and second I was no longer residing at the property based on the allegations of the complaint. This happened in 2010 and I recently received a notice of garnishment due to the judgment. I filed a Motion to Vacate the default judgment. However, the judge did not grant the motion because he said I did not attach any evidence to the Motion. I intend to move the Court for another motion to vacate the Judgment. However, I am not sure if I need to file a Motion to Reconsider or can I file a complete new motion to vacate the default (this time with evidence attached). Please help me, I do not have money to hire an attorney and I need as much guidance as possible. thanks

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Best Answer

You should file a new motion provided the motion was denied without prejudice. However, you must be certain to include in your new motion the fact that a prior motion was made and denied. You need to include all facts particular to the prior motion, i.e., date, before whom made, and the ruling. Good luck.

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This is a very tricky question which depends exactly on what the judge did. If the judge actually denied your motion, it may or may not have been done "with" or "without prejudice", which would be significant. Or, the judge might simply have not ruled at all but put the case off calendar because of the defect. A motion to reconsider has very specific requirements with possible sanctions if not followed, and great care should be exercised. If the garnishment is for any significant sum of money, meaning more than it would cost to consult and employ an attorney, you should consult an attorney right away.