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If a non-secured debt summons is about to place a lien on your home and you have very limited income due to being totally disabled where can you go to get a void judgment done on your own?
Wiki User
∙ 18y ago
The debtor can contact the clerk or administrator of the court that issued the writ of judgment to obtain information on filing procedures for a Motion to Quash the judgment. Such litigation is only useful if the judgment is invalid, even so there is nothing to prevent the creditor from refiling and receiving a new judgment writ.
Wiki User
∙ 18y ago
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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.
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)
Can a default judgment for unpaid credit card debt be awarded if you never officially received a court summons?
Yes, only a reasonable attempt to serve a civil summons is necessary. If the defendant is not located, refuses service of the summons, etc. the creditor's suit will be heard and usually a default judgment will be entered against the defendant.
What happens if you dismiss a summons?
It depends on what the summons is for. You may have a warrant issued for your arrest or judgment may be entered in your absence and you won't get the chance to fight your case. Either way, it's best not to ignore a court summons.
What is the penalty for not responding to summons?
If the summons is for a criminal matter, either a fine or even possible warrant for your arrest. If the summons id for a civil matter, there is no penalty except that the court might enter a judgment against you for whatever the complaint demands.
How do you answer a summons for a credit card debt?
First, make sure that the document you received is actually a summons to appear. A summons must contain a docket number and a court date. Many collection agencies or collection attorneys use a summons as a scare tactic, in order to get you to pay your defaulted amount. However, if it's an actual summons to appear, the last thing you want to do is not show up. If you don't appear, the plaintiff will get a default judgment from the court. With a judgment in their favor, they may garnish your wages or freeze your assets in order to collect on the defaulted amount.
If settling out of court do I still have to answer the summons?
You would not have to answer the summons as long as the plaintiff agrees not to move for entry of a default judgment for you not answering the summons within the appropriate time. Also, if you do reach a settlement be sure that the plaintiff promises to and does dismiss the lawsuit when the money is paid.
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.
How long does a plaintiff have to serve a summons?
That depends upon the laws of the state in which the judgment was issued, the least amount of time would be 10 business days from the time the summons was served.
Can a bench warrant be issued for failure to appear in court for a civil case where the summons was sent in the mail but never personally served on the defendant?
A bench warrant will not issue in a civil action for failure to appear on a summons. At best, the party who fails to appear will have a judgment entered against him/her whether it was served by mail or not. Failure to answer a summons is simply tantamount to admitting the allegations in the complaint are true and judgment should be entered as requested.
Can a request for default judgment be filed if there was no summons?
Typically, a request for default judgment cannot be filed if there was no summons served on the defendant. The defendant must be properly notified of the lawsuit before a default judgment can be granted. It is important to follow the proper legal procedures to ensure that the defendant's rights are protected.
Do you have to answer a civil summons from a state other than your state of residence?
Assuming that you have been sued, if you do not answer and the Plaintiff gets a judgment, that judgment will be reconized in the State that you are in under the Full Faith and Credit Clause of the U.S. Constitution.
