Скачать или смотреть Litigation: How to Vacate Default Judgements Issued Against Amazon Sellers When Faced w/ a Lawsuit

If you're an Amazon seller and you were sued and you never responded and now you have a default judgment entered against you, these are the two things that you need to know. These are the grounds to go and fight the judge, to ask the judge to take the default away, or what's called, vacate the default, a motion to vacate a default. They require you to show two things to that judge. Number one, a reasonable excuse for your delay, a reasonable excuse why you didn't respond to the lawsuit when it was initially filed against you. And number two, that you can win the case on the merits.

So let's talk about number one first. What is a reasonable excuse for not responding the lawsuit? Well, number one, you didn't receive the lawsuit. A lot of these law firms who are suing sellers just like you are using what's called substituted service, which means they're emailing it to you or sending it to you in some way that's different than someone knocking on your door and handing you the papers like in a traditional lawsuit. So a reasonable excuse, I didn't receive the papers. I don't have access to that email address anymore, something that shows the cost or that you didn't know about the lawsuit in time. You can also argue things like COVID, like the papers were delivered to my office, but I've been working from home for over a year. So reasonable excuse, number one, absolutely required.

Number two, that you can win the case on the merits. That's called a meritorious defense. If you are accused of selling counterfeit products, a great defense is, here are my invoices, they are not counterfeit. If you're accused of violating a patent, demonstrate to the court that your product does not violate the patent or that the patent is invalid.

So these are really broad strokes. This is information you need to know. Number one, try to never get a default against you. Get an answer into the court. Number two, if you do end up with a default, be prepared to show those two things. Number one, a reasonable excuse, why you didn't respond. And number two, that you can win the case on the merits. You want to learn more about litigation either for or against Amazon sellers, contact me for a free consultation. Here is my email address. Here is my phone number. And this website right here is the greatest website in the world for Amazon sellers. Type in litigation, literally dozens and dozens of free pieces of content for you. Thanks again for joining for today's video from Amazonsellerslawyer.com, the litigation team.

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