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Do you enter request for default judgment before filing for default judgment?
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What is the difference between a summary judgment and a default judgment?
Basically, a default judgment is something you did NOT argue about in court by filing answers to the Summons and Complaint, and the Summary Judgment is something you did argue about IN COURT.
What does motion and request for default mean?
A plaintiff starts a lawsuit by filing a complaint and serving the complaint and summons on the defendant (or defendants). If the defendant does not answer the complaint or otherwise respond to the suit, the plaintiff make request a "default judgment." This means, more or less, "the defendant has not responded and the court should therefore grant what I sought in the complaint." Usually, a default judgment will be restricted to the relief sought in the complaint and will be restricted to amounts that are reasonably calculable. For example, say somebody hit you with their car, and you sued for $100,000 in medical bill. If the defendant ignores the lawsuit, the plaintiff will request a default judgment, and the court will likely grant them a $100,000 judgment. The plaintiff will then take the judgment to (most often) the county sheriff's department, which will then seize a defendants property to be sold to pay the judgment; or plaintiff can seek other remedies, like garnishment of wages. Lesson: don't ignore lawsuits. That's how you lose for sure.
How do you appeal a default judgment to which you were never served a summons?
You have 30 days to respond to a default judgment by going to the courthouse and filing an appeal. A new trial will be set where the judge will either give you another opportunity to hear your side or vacate the judgment if you can show that you were not properly served.
Didn't sign divorce papers with your lawyer when filing?
A spouse that does not sign divorce papers will get a default judgment entered against them and the divorce will still happen. You can however contest the default judgment if the court allows you to do so and thinks you have a good reason why you did not sign the papers.
Can they get judgment without you knowing if was filed?
Yes, it happens all of the time, it is called a default judgment. If this has happened to you, call the clerk of the court in your area and ask the procedures and SOL for filing a motion to vacate the judgment due to an error in service.
Is it better to enter a judgment on a credit report before or after a bankruptcy filing. I have a judgment that isn't on my ex-husbands credit report. He is filing chapter 7 I won't be dismissed.?
unless the judgment is for damages from: intentional tort, fraud, drunk driving, spouse/child support, they yes your judgment will be discharged
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.
An attempt was made at a residence I have lived at for 15 years. I do not live in the States. Can a summons that was not delivered become a judgment?
Service of summons must be perfected for it to ever come to a default judgment against the defendant. I'm sure they are looking at other avenues to serve you - but, at this point, it sounds as if you have yet to be properly served. So, no default judgment (which would only come after you not filing an answer in time AFTER your summons)
Do the California Statutes require that an Acknowledgment of Assignment of Judgment be notarized before filing?
California law mandates an Acknowledgment of Assignment of Judgment be acknowledged before a notary public. (See Calif. Code of Civil Procedure Sec. 673.)
Is a judgment removed by filing a chapter 7?
The judgment is not "removed" but the judgment creditor is barred by the discharge from collecting on the judgment. Filing a c. 7 will stay the collection, but if the case is dismissed before a discharge is granted, the judgment is enforceable. If the judgment involves intentional harm or drunk driving or certain other limited situations, the discharge does not prevent collection on the judgment.
Can a lien be filed after a judgment has been made?
Yes. Follow the rules in your state for filing a judgment.
When and how are judgment liens removed?
they are removed by the act of filing a satisfaction of judgment with the county clerks office
