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default_judgment [2019/05/30 17:49] – Carlos Pedraza | default_judgment [2019/06/06 19:18] (current) – updated axanar blog link to webarchive version; Peters has removed his victory claim from the blog as it appears today. Carlos Pedraza | ||
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+ | ====== Peters Claims Spurious Victory in Burnett Lawsuit ====== | ||
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+ | **Alec Peters claims** he's [[https:// | ||
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+ | {{page> | ||
+ | <WRAP center 90%> <fs smaller> | ||
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+ | ===== Default Judgment ===== | ||
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+ | Even if Peters has obtained a default judgment, the case is far from resolved; it doesn’t mean he’s won the case. | ||
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+ | ==== Failure to respond ==== | ||
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+ | Peters says Robert Meyer Burnett failed to respond to his legal complaint, filed in Georgia state court, before the deadline, so he thinks he's won. | ||
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+ | {{page> | ||
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+ | However, the Georgia court' | ||
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+ | But under Georgia law, Burnett’s lack of response does not immediately equal a default judgment. Peters' | ||
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+ | Under Georgia law, Burnett is entitled 15 days after the default judgment was entered to re-open the case; the court is then required to hear Burnett’s case. | ||
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+ | [{{ : | ||
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+ | ===== Not Dead Yet ===== | ||
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+ | Burnett has plenty of grounds to reverse a default judgment and reopen the case, even if he does miss the 15-day window to get it heard automatically. Of the three possible grounds under Georgia law, Burnett may be able to claim two: | ||
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+ | [{{ : | ||
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+ | <WRAP 95% center> | ||
+ | - **Lack of personal jurisdiction** over the defendant. This means the defendant subject to the judgment is not a resident of Georgia and has no significant ties to Georgia. This has been an issue with Peters’ suit from the start, and none of his court filings have demonstrated why a Georgia court would have jurisdiction over a California resident over actions that didn’t occur in Georgia. | ||
+ | - **Lack of a valid claim**. This option requires the defendant to show that plaintiff' | ||
+ | </ | ||
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+ | ===== Years to Vacate Judgment ===== | ||
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+ | Under Georgia law, once a defendant becomes aware of a default judgment, he must file a motion to vacate it within a reasonable time. “Reasonable time” apparently means three years. A court can vacate a judgment within three years from the original entry of judgment. | ||
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+ | <wrap em>The Mudds</ | ||
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+ | </ | ||
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+ | ===== Fact Check Rating ===== | ||
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+ | Peters' | ||
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+ | <WRAP tip 90%> | ||
+ | <wrap em> | ||
+ | <wrap lo> | ||
+ | </ | ||
+ | ---- | ||
+ | **Keywords** {{tag> |