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Can a Default judgment granted against you without your knowledge in Texas?
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What do you do after motion for default has been granted in a civil case?
If a default judgment was entered against you the case is over. By failing to appear you lost the case.
In small claims court when claimant loses case against the defendantdoes the defendant automatically win counter claim decision and cash amount?
No, it is up to the judge to grant judgment. It is not granted by default.
How do you appeal a restraining order default judgment against me missed court date because I had to call 911 With what I and the paremedics thought was a heart attack?
File a motion to re-open the case with the court that granted the order.
Can creditors take money from your bank account?
Yes, after a judgment has been granted against you
What do you put in an answer in writing to avoid a default judgment?
A "default judgment" is granted when the debt is not contested. You would put information pertaining to your proof that the debt is not valid or actually owed. Just because a person feels wronged, or got inferior goods or service, is not proof enough.
Can a judgment be dismissed if one of the party is deceased?
If the judgment was granted against someone other than the deceased the judgment is still valid and will remain until it is satisfied or paid in full.
Does a creditor have to take you to court before they garnish your wages or can they get a judgment against you without you knowing it?
A creditor must take a consumer to court in order to begin the legal process to garnish wages. The exact procedure for this process depends upon state laws. Most statutes require the plaintiff in a court case to make a reasonable effort to contact the defendant. This can entail sending a written notice to a last known address. Thus, it is possible to have a default judgment granted against you without your knowledge.
What happens when a motion for summary judgment is granted against you?
I have found that when this is granted, the other party may file objection to, request to readdress, or appeal the judgement.
If a landlord files suit against you and you contest it will the suit be reported to the credit bureaus or will it be reported as a judgment?
A judgment is granted to the victor in a court case and would only be reported against the defendant after it is granted. So the suit itself is never reported until a conclusion is declared by the court.
If a person is getting a divorce and children are involved can a divorce be not granted or put off if one party doesnt want to sign divorce for counseling?
In Alabama, even if one party does not want the divorce to proceed, the other party can still get the divorce granted by filing for a default judgment. Since children are involved, I would not let the divorce get to this stage. At a default judgment hearing, the party requesting will more than likely be granted most of what they request while you are left out in the cold.
If a judgment is entered against you in a county where you don't reside does the creditor have to file a new lawsuit in the county where you do reside?
No, once the judgment is granted, it applies to you, not your county. All they need is your new address. * Perhaps. If the judgment holder wants to enforce the judgment in a method other than filing an abstract judgment against the debtor's real property then the creditor will have to file a suit in the county where the debtor resides. Judgments granted in one county or state can only be transferred to another county or state as liens against real property owned by the debtor.
Judge set-aside default judgment against me'cuz of lack o' service and P failed to 'validate debt'. P is appealing via 'order to show cause' motion. Sez he has documents that do just that. outcome?
Well, I am in a similar situation and according to my research and legal advice even if P show's cause through is appeal, you will still be granted the judgment to set aside default to do the fact that you were not served, therefore unable to state your case.
