You have to get a copy of the case file and go over it and file a Motion to vacate judgment based on, error in service or whatever your defense is. Check your states laws because there is a SOL on you being able to file this motion.
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.
reporting credit delinquenciesI am a landlord. My tenant is seriously in default of her lease and is in arrears in excess of $5,500. and refuses to pay. How can I report her to the credit agencies?-----------------You will need to take her to court (small claims court) and get a judgment against her. The judgment is a legal action against her and will show up on her credit report.
If the judgment has been paid, the credit bureaus (such as Equifax, Experian and TransUnion) should reflect this in their credit reports. However, until the legislatively mandated time limits have expired, it will likely not be removed from the report.
Judgments do not get "reported" to the credit reporting agencies. Independent contractors scan public records and then sell these documents to third party data furnishers. An example is Hogan/LexisNexis and Choicepoint. Records that pertain to credit, (judgments, tax liens, bankruptcy and foreclosure) are then re-sold to the CRA's. A consumer battling their own default judgment can have a disposition recorded at the same jurisdiction as the original legal item was filed. Plaintiffs can do the same with the original filing and trust the record will find its' way onto the defendant's credit report. Their is no other direct way for an individual or company to report a public record.
Demand that the company that made the error correct the problem. They should be able to contact the credit bureaus and take care of the appropriate paperwork. Mail the letters to the three credit agencies along with an explanation of what you want done and why. * The credit bureau(s) will not take any action until the judgment has been removed from the official court records. The debtor will need to contact the clerk or court administrator of the court where the judgment was recorded to obtain the proper procedures necessary for having the judgment lifted. Legal counsel may be needed, depending on the circumstances of the entering and/or execution of the judgment writ in question.
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.
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.
It is nearly impossible to overturn a default judgment unless you can prove that you were not served properly.
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.
how to remove a default program ??
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.
Pay or fight. A default judgment is about the worst outcome.
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/
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.
yup
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.
Jail