Motion to set aside default judgement

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mashellriver

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I am a contractor in Washington. I rented a piece of heavy equipment to do a job. I had the equipment for 2 weeks. I was billed for three weeks. The invoice even showed I only had it for 2 weeks but was billed for 3 nonetheless. I made my case to the rental company - no action. I refused to pay anything. I received several more invoices for the erroneous amount. It went to collections, still the wrong amount. The collection agency went to an attorney who contacted me and adjusted the amount downward, but no idea how he arrived at the amount he sued me for. I misread the paperwork about my having 20 days to respond. He got a default judgment of the amount he asked for plus many other fees and charges. My bonding company paid out based on the judgement. As a result, my bond was impaired and contractor's license suspended.

My position is this would have never happened had they not continually tried to overcharge me and that all this hassle stems from that.

Questions:

Do I have a case to get the judgement set aside?

Do I have a case against the rental company for overcharging me and all the trouble this has caused?

Thank you for your time.
 
Small Claims?

I am presuming that this was a small claims case.

You can apply to set aside the judgment made at a hearing if:
• You were not present at the hearing;
• You were not represented at the hearing; and,
• You had not previously written to the court asking them to decide the claim in your absence.

And the judgment will only be set aside if you can prove to the satisfaction of the court that:
• You had a good reason for failing to attend or be represented at the hearing, or for your failure to make a written request that the claim be decided in your absence; and,
• You will have a reasonable prospect of succeeding at a re-hearing.
But you only have 14 days from the time the judgment was served on you to make such and application.

To assert any claims against the rental company that pertains directly to the rental agreement (arising out of the same transaction) you would first have to set aside the judgment and have the case reheard, at which time you can insert a counter claim in your response as to the overcharging.

You can try suing them for the overcharging as things stand, but your claim will be dismissed on the basis of res judicata, meaning that the matter has already been adjudicated and ruled on and it shall not be heard again.

But you are free to sue the rental company for malicious prosecution and for damages you have incurred because of it, with the suspension of your license being the biggest damage, arguing that it has cost you your livelihood.

fredrikklaw
 
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