Graves v. Walters

BRIGHTMIRE, Judge.

Here defendants make a direct attack on a “small claim” default judgment rendered against them on an agreed hearing date. The trial court awarded plaintiff $400 for what the complaining affidavit called an “illegal conversion of ... a 1965 Pontiac . . . illegal trespass”; and an unlawful “recovery fee” charge of $100. Defendants unsuccessfully sought to vacate the judgment eight, days later by a motion which condemned it as void because it was obtained without the court receiving or hearing any evidence — a fatal irregularity. We hold the motion to vacate should have been…