What does a” mertitorious defense” to a claim mean?

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What does a” mertitorious defense” to a claim mean?

Am filing a motion to set aside default judgment. I won my case by default and was able to file a wage garnishment. The former tenant filed a objections to garnishment. The outcome of the objections to garnishment hearing was I got half of my judgment (which was the back rent owed) and I didn’t get damages to property claim because the proper paper work was not filed along with the judgment and default request affidavit forms (example police report, pictures, receipts, evidence to prove damage was did by tenant.) Judge put a dismissal without prejudice on case so I can file a motion.

Asked on February 23, 2012 under Real Estate Law, Michigan

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

The term "meritorious defense" to a claim means that there is a basis for the defendant under the law to submit a defense to the claim of the plaintiff for liabilty and damages under the law.

From what you have written, the court seemed to have agreed with the defendant that you had not proved your claim for the property damages presumably asserted as a defense to the wage garnishment for the whole amount sought.


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