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How do you fight a Judgment that has been awarded to a plaintiff because you were never informed of the court date or even that you were being sued?


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2008-09-13 15:41:15
2008-09-13 15:41:15

You file a motion with the court that entered the judgment to have the judgment vacated and set aside due to lack of jurisdiction over you. The court cannot enter a judgment against you unless you have notice of the request (service of a summons and complaint) and an opportunity to be heard (appearing at trial). This is not the ame as appealing the improper judgment.

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If a case is dismissed, then the case is over and no judgment is given. Everyone hopefully goes home happy.

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I would thinks so. You have a right to defend yourself and its on them to notify you of the date. If they never told you when then due process was not followed

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When a person (the plaintiff) sues someone (the defendant), the defendant gets a certain amount of time to respond to the lawsuit (times vary by state). If the defendant does not respond to the lawsuit within the time period prescribed or does not show up to court on the day he or she is supposed to, the plaintiff will ask for (and the court will usually give) a default judgment. Simply put, the plaintiff wins because the defendant did not make an effort to defend themselves. A request for entry of default is when the time has passed for the defendant to respond to a lawsuit and the plaintiff is asking for a default judgment. This only applies to civil cases, not criminal cases.

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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.


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