The Defendant’s Motion to set aside default and default judgment is GRANTED. The defendant is ordered to file his responsive pleading within twenty (20) days.

On June 7, 2016, Plaintiff brought suit against Defendant to collect damages caused from the auto accident involving the defendant and the Plaintiff’s insured. Plaintiff served the sub-served summons and complaint on Defendant on July 3, 2017. Plaintiff requested and obtained entry of default on a default on August 16, 2016. Default judgment was entered on November 15, 2016.

On November 18, 2016, Defendant brought suit against Plaintiff’s insured for damages from the same accident. On June 27, 2017, Defendant filed this motion to set aside default and default judgment based upon lack of personal service. Defendant declares that was never personally served with the summons and complaint nor was he aware of the lawsuit against him until his attorney advised him of it in May of 2017. D........