What does MOTION TO STRIKE JUDGMENT MEAN?

Question

I recently won my rent escrow case against my apartment complex..Now they have filed a MOTION TO STRIKE JUDGMENT against me. What's going to happen?? Am I able to appear again in court to present MY SIDE?? Or is this decision made w/o my evidence?? Help!! They should not get away with this without someone hearing my side AGAIN.

What happened: Sued my apartment complex for not making repairs ordered by my local county inspector {building code violations}. The apartment complex did not appear on the scheduled date so we went to trial...Now they want to REVERSE the judges decision!! HELP!!!

They want ALL of the back rent!! I am paying into an escrow account established by the court.

Answer 1

They want to claim a chance to appear in court to present their case

in spite of missing the first trial.

At worst, you present your case again.

(They might be hoping that you won't show up this time.)

You can even object to the motion.

You should seek the advice of an attorney

Answer 2

A motion to strike judgment could be for many reasons.  The most likely it that the defense (the apartment complex) thinks that there were some procedural issues.  Things like the judge allowing a party to present hear say evidence that he/she shouldn't have.  

The specific rules vary from state to state.  But most likely the judge will look at the motion, rule on it, and then you will have time to appeal the judgment - in the federal rules you have 10 days.  The applicable federal statute is FRCP 50(c).  

This kind of motion is made often.  I don't know the percentage exactly, but I would guess that these motions are denied 90 percent of the time.  After all the same judge that heard the case is reviewing the motion... he doesn't want to hear the case again!  If it is granted, be sure to hire an attorney.  That is what they are there for.

Good Luck!