This lawsuit has one plaintiff and two defendants. In responding to an MSJ I discovered that plaintiffs counsel and codefendants counsel had presented the judge with a Consent Order to Vacate Default Judgment. There is no certificate of service showing service on me. My signature is not on the Consent Order. I have found Federal rule of civil procedure 60 b, but I am wondering if Georgia code gives remedies, as a new judge has been assigned since that order, to handle the issue within the current lawsuit, or if I have to sue the attorneys in a separate due process lawsuit, or file a complaint withe bar association.
Stop looking at the federal rules. If you are a proper party you should have been served. That said, there are a couple of ways to reopen a default. Three if you count a consent order by all the parties. Notice I said all. You should bring to the court's attention that you were never served as to the activity surrounding the default. Was there not a motion to reopen the default and vacate the judgment? I hate to say this, but you probably should be finding a lawyer to represent you if you are serious about prevailing in this case.
PLEASE, IF THIS ANSWER WAS HELPFUL, LET OTHERS KNOW IT. MARK THE ANSWER AS HELPFUL. THANK YOU! LEGAL DISCLAIMER: No attorney-client relationship is established on the basis of any information provided by Mr. Birchmore. To establish such a relationship, a written fee agreement must first be executed by the attorney and the reader. The responses given by Mr. Birchmore are in no way intended to be actual legal advice, and they should not be interpreted as such. WE ARE NOT ALLOWED TO "COACH" ANYONE either here online or by telephone should a reader happen to call us. Instead, our responses are given as general information to be considered, reviewed and confirmed by an attorney more familiar with the reader's particular circumstances. All information posted herein is specific to the laws of Georgia and should not be considered as information for the public at large. If you find yourself involved in a legal matter, seek assistance from an attorney in your local area. No reader should rely on any statement made here without first verifying it, in person, with an attorney. Any person who relies on any information contained in these responses does so at their own risk. Go see an attorney!
What? Was the default between the other parties and not you? If so, what is your complaint? Step back into reality, as you are overmatched in the case. Defaults are opened every day - many times a day - so dreaming up fraud, schemes and conspiracies won't get far at all. These things coming from pro se parties just let the judge know they are dealing with this kind of thing and it will not look good.
If an insurer is involved, you may want to open the default to keep the coverage. All policies have "cooperation" clauses. The water is getting deep. You might want a lifeguard, aka an attorney.
Years licensed, work experience, educationLegal community recognition
Peer endorsements, associations, awardsLegal thought leadership
Publications, speaking engagementsDiscipline