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How do you get a civil judgment removed from credit report and how do you fight the debt collector when they told you they would not take you to court but they brought a default judgment against you?

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2008-11-05 20:29:24
2008-11-05 20:29:24

I have a civil judgment against me and the mobile home wasn't in my name. It is showing up on my credit report. How do I dispute it?

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Generally, the party who brought a court action against you will win by default and obtain a judgment lien against you. Generally, if you don't show up in court to defend yourself against a claim filed by someone else, you will lose by default.

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Entry of Default Judgment. When a party against whom a judgment for affirmative relief is sought has failed to plead or otherwise defend as provided by rules, upon proof of damages or entitlement to other relief, a judgment may be entered against the defaulting party. The entry of an interlocutory order of default is not a condition precedent to the entry of a default judgment.

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No, you can have a judgment against you for a default.

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If you fail to appear in court a default judgment can be entered against you

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Who was the default judgment against? You, or the other party? And, yes, anyone can sue anyone, at any time, for any reason.

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If a default judgment was entered against you the case is over. By failing to appear you lost the case.

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A default judgment is ordered by a court when one party to the suit "wins" by "default". He or she is not "winning" based on the merits of the case, but is "winning" (getting a judgment in his/her favor) because the other party screwed up somehow, technically. Usually this means that one party failed to appear in court, so a judgment by default is entered against him/her. Sometimes, there is a good reason for someone failing to show up in court. Missing a court date and having a default judgment taken against you does not always mean "you lose". If you can show good cause for missing the court date, the court may set aside it's previous judgement (the "default judgement") and the case will proceed. If a default judgment is entered against you for failure to appear, and if you have good reason for having missed the court date, your attorney will likely file a Motion to Set Aside Default Judgment. There will be a hearing to determine whether there is good cause to set aside the judgment. If it is set aside, the case proceeds. If it is not, you can appeal after a final judgment. You need an attorney.

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There's no difference in how the judgment is entered on a credit report. An agreed judgment indicates the debtor(s) appeared in court but did not have a valid defense as to why the debt was not owed, therefore a judgment was entered against him or her. A default judgment indicates the debtor(s) did not appear in court thereby forfeiting the right to defend the suit, resulting in a default judgment being entered in favor of the plaintiff. The execution procedure of either type judgment is also the same.

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Yes, any type of judgment will allow the creditor to levy on the debtor's bank accounts. Since it is a default judgment, it might be possible to apply to the court to have it set aside, if the circumstances are right.

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A default judgment is nothing more than a judgment obtained because defendant did not show up for court. In Texas, when a default judgment is entered, the petitioner gets all that they have asked for.

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Go to the clerk of the courts and pay for a record search.

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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.

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If there is a default judgment against you, you will be responsible for the charges. Your wages could be garnished if you do not pay or set up a payment arrangement.

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Show up at court on the date of the request for default. ADDED: A "default" judgment is one in which you have failed (after proper legal notification) to be present in court to defend yourself against the claim.

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It is nearly impossible to overturn a default judgment unless you can prove that you were not served properly.

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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.

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A hearing before the court to prove a plaintiff's case against a defendant, where the defendant is in default and has not made an appearance in the case. Generally used to get a default judgment against a non-answering party.

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The same way you collect on any other judgment.

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If one party in an action does not appear at the trial/hearing the court can make a default judgment. This judgment is binding unless overturned at a later date.

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A motion for a judicial default, or a default judgment, is bringing a matter to the attention of the court due to the defendant failing to answer or appear to a trial. This judgment will award the complainant what they asked for in their complaint.

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A 'default judgment' is awarded to the plaintiff when the defendant does not appear in court to defend themselves against the claim. If the judgment was awarded to them in your absence, then you are required to obey the courts finding. Depending on what the claim was for, and in what amount, they may be able to seize, or place a lien against, property of yours equal in value to the claim they won.

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Pay or fight. A default judgment is about the worst outcome.

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A default judgment is entered by the court. A cell phone company can file suit for past due payments and if the defendant does not appear in court in person or by counsel then a default judgment is entered in favor of the cell phone company. The defendant then has 30 days to appeal this judgment/

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Yes, if you are served with the summons and complaint and do not file an answer denying the allegations and fail to go to court, plaintiff will be given a chance to prove that a judgment by default should be entered against you. If the proof is adequate, the court will enter judgment against you even though you haven't gone to court.

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Landlord doesn't show? Case dismissed. If the Landlord is a Defendant and doesn't show: default judgment against them.


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