I called the Clerk of Courts this morning to see about getting a copy of the Default Judgment so I could start up paperwork on the garnishment and found out the following:
The judge tore up the judgment order and entered an order of his own that states he feels we didn't serve the defendant properly in the case, that he wants to know why we're asking for so much, that he wants a hearing to give the defendant a chance to respond to the case.
a. We had the court send the certified mailing to her place of employment, rather than her home, to assure that it would be signed for. It was, she is the office manager, but she had one of the office workers sign for it.
b. The amount we're asking for is moot, as the defendant didn't respond. Had she responded, then this would be relevant.
c. The defendant had a chance to respond. She didn't.
d. The judge is saying that under Rule 16, he is setting it for hearing, which is a pre-trial hearing. Since it is a default, isn't this going against the Rules of Civil Procedure?
Please advise. I feel a Motion for Relief under Rule 60 is in order. Need your advice on how to stop this woman and her passive-aggressive behavior. Once again, she can something or she can do nothing and she gets everything.