撤銷缺席判決的動議
IN THE SUPERIOR COURT FOR
THE DISTRICT OF COLUMBIA
Civil Division
Holy International, Inc. *
51 Iraq Street, Suite 1000 *
Chicago, IL 30012 *
Plaintiff * Case No. CA 0001-04
Vs. * Calendar #12
China Import & Export Corporation * Judge Clir
111 Fuxing Road *
Beijing, China 100014 *
Defendant *
DEFENANT’S MOTION TO SET ASIDE DEFAULT JUDGMENT
COMES NOW the Defendant, China Import & Export Corporation, by and
through its attorneys, Chang, Wong & Lee, and requests that this Court set aside the
Default Judgment entered against it on March 2, 2005, for the following reasons:
1. Defendant is a foreign corporation that up and until the present time has not
been represented by counsel in the United States.
2. Defendant or its agent in the United States did not receive nor was informed
of any of the documents previously filed by Plaintiff with the court;
therefore, Plaintiff failed to effectuate lawful Service of Process on
Defendant.
3. In effectuating service on Defendant, delivery was made to a wrong person
at a wrong address next to the Defendant’s place of business in China. (See
Affidavit of Defendant, marked Exhibit “A,” attached hereto and incorporated
by reference.)
4. Defendant has a meritorious answer and defense to Plaintiff’s Complaint
and has filed herewith his verified answer.
WHEREFORE, Defendant respectfully requests this court to set aside the
Default Judgment and allow Defendant to file the Verified Answer attached
hereto.
Respectfully submitted,
Chang, Wong & Lee, P.C.
M. Lee, Esq.
Attorneys for Defendant
China Import & Export Corporation
666 West Main Boulevard
Washington, D.C. 20001
(202) 123-5678
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and accurate copy of the foregoing Motion to
Set Aside Default Judgment, and accompanying Memorandum of Points and
Authorities in support thereof and Proposed Order were mailed first class, postage
prepaid this ______ day of May, 2005 to the parties listed below:
Dick B. Chiney, Esq.
Attorney for Plaintiff
567 Putnam Parkway
Suite 112
Chicago, IL 30001
_____________________
Robert M. Lee, Esq.
Attorneys for Defendant
China Import & Export Corporation
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