I Don`t Think So. I Have Seen This Happen. They Have A Day In Court As You Or I Would. They Will Still Have To Be Summond. You Will Not Have To Pay For This Second Time. Best To U * Probably. In the majority of US states it is only necessary for a reasonable attempt to be made to serve the debtor/defendant either by a process server or certified mail. Attempting to avoid a creditor summons for a civil suit does not protect the debtor from the litigation process nor does it prevent the plaintiff from obtaining a judgment and executing same. YOUR QUESTION IS PRETTY VAGUE SO I CAN ONLY ANSWER IN GENERALITIES. IT IS WELL ESTABLISHED THAT A PERSON MUST BE NOTIFIED OF A SUIT AGAINST THEM SO THAT THEY MAY RESPOND. HOWEVER, BEYOND THAT, THINGS CAN BECOME A BIT MURKY. UNDER MOST CIRCUMSTANCES, THE OTHER PARTY MUST BE NOTIFIED OF A HEARING THAT CAN RESULT IN A JUDGEMENT BEING RENDERED AGAINST HIM. HOWEVER, THIS IS NOT A 100% RULE AND IT DEPENDS ON THE STATE'S LAWS. FOR EXAMPLE, LETS SAY A PARTY IS SUED AND DOES PERFECTLY NOTHING ABOUT IT .I.E., HE DOESN'T EVEN TRY TO PRESENT A DEFENSE. HE FILES NO ANSWER. HE JUST 'LETS IT RIDE.' BAD MOVE. IN MANY STATES, THE PLAINTIFF, IF THE DEFENDANT HAS TOTALLY FAILED TO RESPOND TO THE SUIT, CAN GET WHAT'S CALLED A JUDGEMENT BY DEFAULT WITH NO NOTICE TO THE DEFENDANT. THE DEFENDANT CANNOT COMPLAIN THAT HE WASN'T NOTIFIED. HE WAS IN FACT NOTIFIED WHEN HE WAS SERVED THE ORIGINAL PAPERS. THE ORIGINAL PAPERS CLEARLY STATE (IN ALL STATES)HOW LONG THE PARTY SUED HAS TO FILE A RESPONSE. ONE CANNOT JUST IGNORE WHAT'S CALLLED THE 'ANSWER DATE." ONE ADDITIONAL CAVEAT: IT IS NOT IN ALL CASES THAT YOU WILL BE HANDED OR MAILED SOMETHING IN WRITING. THE LAW MAKES PROVISIONS FOR PERSONS WHO HIDE FROM SERVICE OF COURT PAPERS. THEY CAN BE SERVED IN VARIOUS WAYS INCLUDING BY 'PUBLICATION.' OR, IF YOU SIMPLY REFUSE TO ACCEPT THE PAPERS, THE LAW DOES NOT ALLOW YOU TO MAKE A MOCKERY OF THE LAW. TERRILL CORLEY
If the defendant was found personally liable, you may not receive much from this judgment. A judgment just says the money is owed, it doesn't provide the remedy for paying it.
That normally means the plaintiff asked the judge for a judgment against you not on the facts of the case but just because you're in default (for failure to appear, plead, answer, or do something else you're supposed to do as a defendant in litigation wherever you are). And apparently the judge said no, and either the law required that notice be sent to you or the judge in his or her discretion ordered that notice be sent to you. So right now there's no judgment against you -- yet. The next step if you do nothing but continue to receive court notices and you do not respond, may be for the plaintiff to ask the judge for a trial date where the plaintiff puts on its witnesses and evidence and if you are given notice to the trial and don't show up the judge could enter a judgment against you "ex parte" (one-sided) and then it just gets more difficult to undo anything.
File a lawsuit against the party involved in the court of jurisdiction. If the suit is won by the plaintiff, they will receive a writ of judgment which can be used to place a lien against the defendant's property. When executing a judgment the plaintiff must follow all the pertinent state laws exactly for the judgment to be valid. When executing liens against real property, many factors have to be addressed, particularly the way in which the property is owned/titled under state law.
In civil suit for debt owed, the plaintiff only needs to demonstrate to the court that they have made a reasonable attempt to serve notice on the defendant debtor. If the debtor cannot be found the lawsuit will still go forward without the participation of the named defendant. However, in most U.S. states the defendant must be duly served according to the laws of the state in which he or she resides with a final judgment notice before a judgment writ can be executed. The service of said writ upon the debtor can be by a designated agent of the plaintiff and/or certified mail and/or courier (UPS, FedEx, etc.). The defendant is given a specific time to respond to the judgment order citing allowable personal and real property exemptions that are exempt from seizure, garnishment, levy, and so forth.
No, even if the plaintiff wins the case through arbitration they will still need to file a petition with the court of venue to receive a writ of judgment. On the other side, however, if the defendant fails to respond to a summons pertaining to a lawsuit or judgment he/she will lose by default and may not be able to claim any of their property exemptions.
Basically both the plaintiff and the defendant will have the opportunity to make statements pertaining to the case and present supporting evidence. The judge will then rule on which one proved their case. If the plaintiff wins they will receive a writ of judgment and can execute it against nonexempt property belonging to the defendant. The usual choice is wage garnishment or bank account levy.In some states the winning party can also collect legal fees and/or court costs that were incurred.
It is possible for a creditor to receive a judgment by default when the debtor does not appear on the date of the trial (hearing). In most instances all that is needed is for the creditor plaintiff to make a reasonable attempt to serve the person named on the civil summons and not necessary for the summons to be physically placed in the defendant's hands.
A Request for Entry of Default is filed by the plaintiff when the defendant did not show up for the hearing and the plaintiff wants the court to enter an Entry of Default. The Entry of Default must be filed before a Default Judgment can be issued whereby the plaintiff will prevail in the lawsuit.If your case is not ready for a default hearing, you will receive a red notice with instructions on what to do next in your case to get a default hearing set, or if you cannot go by default. You should contact the court if you have questions.
The defendant debtor will receive a notice of final judgment from the court where the suit was heard and a judgment was awarded. The notification may be served by an officer of the court or independent agency or it may arrive by certified mail.
No, the defendant (debtor) does not have to appear at the date of the hearing. A non appearance usually results in a default judgment being entered against the debtor. The debtor will receive a notice of final judgment before the judgment creditor can take steps to have the judgment executed.
Generally the debtor will receive a summons from the civil court in the county in which he or she resides naming the creditor as the plaintiff and the debtor as the defendant. In some states the debtor defendant is given the opportunity to answer the suit as to whether the debt is valid or not, ask for a continuance due to illness, etc. and so forth. When a person is sued for debt he or she is not legally required to appear at the time and date noted in the summons. However failure to do so will usually result in the plaintiff being awarded a default judgment which can then be executed against real or personal property belonging to the debtor.
A change of venue is asked for when a defendant cannot receive an impartial trial in the original location.