0
If You call and they say you do not have to appear in court and a default judgment is given what can you do?
Wiki User
∙ 14y ago
This means they are trying to screw you over. Typically they will charge you with a fine and consider you guilty.
What you should do is call back and demand to appear in court, you have a constitutional right to it. Once you get there, fight like the blazes.
If it is traffic court, try to waste as much of their time as possible. Bring maps, pictures, witness statements, whatever you can get, and drag out your defense presentation. Traffic court judges do not like being there and forcing them to keep listening to you will force them to eventually give you a better ruling.
It's going to be difficult and time consuming, but it will be worth it.
Answer
Somewhere on the Default Judgment it should tell you how many days you have to appeal the decision (the default judgment). You must file an appeal within that period of time. If you didn't have an attorney I would recommend that you get one. If you can't afford one call your local bar association or look up an attorney referral service and call them. Many attorneys do "pro bono" work - they do not charge you attorneys fees. If you still have time left to file the appeal but not enough time to find an attorney first, look up the rules for that court. They all have different rules. It is much easier if it is a small claims or justice court. They usually have a form that you can fill out to file the appeal so you can at least get it started and allow some time to find an attorney. You can look on www.findlaw.com and find some good information. But first, I would go to the clerk's office at the court and get that appeal started. Hopefully you wrote down the name of the person who told you that you didn't have to appear. Tell the court (the clerk's office) the person's name.
Wiki User
∙ 14y ago
Add your answer:
Earn +20 pts
Can a judgment be filed against a person without going to court?
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.
What happens if you default on a payday loan in Georgia?
Payday loans are considered illegal in the state of Georgia. However, if you default on a payday loan, the company can sue you in court. The judge will decide how a judgment will be carried out if the loan was given in Georgia illegally.
What is the name given to an officer of the court charged with the responsibility of enforcing the judgment or order of the court?
The bailiff is an officer of the court charged with the responsibility of enforcing the judgment or order of the court.
What if you dont show up in court but you filed a written response?
Your written response may be suppressed (i.e. dismissed) at trial, because you did not appear to give evidence in support of your response. The court will probably enter a default against you and allow the plaintiff to proceed to an uncontested proof hearing and disregard any denials of liability you made in your written response. The written response only ensures that you will be given an opportunity to be heard either at trial or in a summary judgment hearing. Beyond that, you have to appear to avoid an entry of judgment against you.
Can a collector use a judgment to garnish your wages if you were not served a lawsuit summons and given a chance to defend yourself in court?
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.
Can mother with full custody change child last name?
Generally the court will inquire as to the indentity of the father and he will be given notice. He can appear and express his objection and the court will render a decision.Generally the court will inquire as to the indentity of the father and he will be given notice. He can appear and express his objection and the court will render a decision.Generally the court will inquire as to the indentity of the father and he will be given notice. He can appear and express his objection and the court will render a decision.Generally the court will inquire as to the indentity of the father and he will be given notice. He can appear and express his objection and the court will render a decision.
What does a divorce by default mean?
A default Divorce is a divorce that will still take place wether the other party has responded or not the being served papers. Normally after being served they have 30 days to agree or deny. If they don't respond in 30 days you can go to court without them and get your divorce anyway.
What must a citizen do if subpoenaed?
The citizen must appear in court on the date given in the subpoena or be subject to contempt of court and be fined and/or jailed.
How much time do you get to pay a judgment in small claims court in Colorado?
In Colorado, the time given to pay a judgment in small claims court is typically 30 days from the date of the judgment. If there are specific circumstances that warrant an extension, the court may consider granting additional time.
The Plaintiff filed for Motion for default judgment and i received a notice that the motion for default judgment is hereby denied What does that mean to me being the defendant?
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.
What will happen at child support court if the father dont show up to any court dates in candem?
Assuming that the court determines that the father was given proper notice, the court will likely enter an default order for support.
What happens if you dont move out by the date of the court ordered eviction?
It all depends on what the wording of the court order was. In many locations the Sheriff's Office will enforce the court order by forcibly evicting the tenant. Check with your sheriff's office or the court to see if you have that remedy available to you.
