Superior Court Civil Rule 60(b) provides that "the Court may relieve a party or a party's legal representative from a final judgment, order, or proceeding for ... (6) any other reason justifying relief from the operation of the judgment." In this case no additional affidavit or other evidence setting forth in detail the circumstances of service has been presented to the court in response to Miranda's challenge to the sufficiency of service. By presenting to the court (whether by signing, filing, submitting, or later advocating) a pleading, written motion, or other paper, an attorney or unrepresented party is certifying that to the best of the person's knowledge, information, and belief, formed after an inquiry reasonable under the circumstances,—, (3) the allegations and other factual contentions have evidentiary support or, if specifically so identified, are likely to have evidentiary support after a reasonable opportunity for further investigation or discovery; and. R. 60(b)(6). "In exercising its discretion, the trial court must choose what is right and equitable under the circumstances and the law and state the reasons which support its conclusion." On March 31, 1998, Miranda moved the court to alter, amend or vacate the judgment, repeating the "representation by the plaintiff's counsel that he consented to setting aside the default if settlement were not reached." at 909. 08-680 Argued: October 5, 2009 Decided: February 24, 2010. Maryland v. Shatzer. Chief Justice Earl Warren, writing for a 5–4 majority, held that prosecutors may not use statements made by suspects under questioning in police custody unless certain minimum procedural safeguards were followed. Mr. Escoto, for his part, appears to have generally denied that Mr. Green was misled.3 In the appellate brief and at oral argument, Mr. Escoto has stated that he made no such representation as alleged. Dorothy Belts did not testify at the hearing; nor did the appellee in Firemen's Insurance testify that his wife had not been served. See also Firestone v. Harris, 414 A.2d 526, 528 (D.C.1980) (entry of default establishes the non-defaulting party's right to recover); Taylor v. Johnson, 262 A.2d 803, 804 (D.C.1970) (the effect of the entry of default is the admission of the truth of well-pleaded allegations in the complaint). See, e.g., D.C. Prof'l. Contreras argues that Miranda's bare assertion that he was not served is insufficient to set aside the default judgment. Appellee, Pedro Contreras, commenced this action by filing a complaint in the Superior Court for the District for Columbia on October 28, 1997. The ruling distinguished Edwards, which had not specified a limit. Ct. Civ. Starling, 495 A.2d at 1162. It is the trial court's "responsibility to inquire where matters are raised which might entitle the movant to relief under Rule 60(b)." Hawkins, 513 A.2d at 244 n. 5 (noting cases which have denied motions to vacate default for lack of service only after a hearing on the sufficiency of service). Click the citation to see the full text of the cited case. R. 60(b)(4). In the present case "the record fails to show that the trial judge even considered these factors, despite their applicability." Co., 455 A.2d at 909; see also Alexander v. Polinger Co., 496 A.2d 267, 271 (D.C.1985) ("[C]lear and convincing proof is required to rebut the presumption of [a process server's returns] verity."). At a hearing on this issue, the process server's affidavit could be impeached by Miranda's wife, who could confirm or deny that she discovered the summons and complaint as alleged. Although we have held that "there can be no claim for unjust enrichment when an express contract exists between the parties," Schiff v. American Ass'n of Retired Persons, 697 A.2d 1193, 1194 & n. 2 (D.C.1997), an ex parte proof hearing on damages does not consider the merits of the cause. Given the law's preference for resolution on the merits rather than by default, we agree that on the facts of this case a hearing is necessary to resolve the parties' contrary factual allegations. The case, Miranda v. Barr, was filed in U.S. District Court in Baltimore, Md. In Castro, the process server's return stated that he had left copies of the court papers with an individual at the defendant-appellant's usual place of abode. In this case, the process server's affidavit states that the process server personally served Miranda at his home address on November 8, 1997. On June 12, 1998, the court held an ex parte proof hearing on damages and thereafter judgment was entered in favor of Contreras in the reduced sum of $15,643.26.

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