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Only a plaintiff may file a motion for judgment on the pleadings?
Wiki User
∙ 14y ago
No, defendants may file a motion for judgment on the pleadings as well.
See: Corder v. Lewis Palmer School Dist. No. 38, 568 F.Supp.2d 1237 (D.Colo. 2008).
Wiki User
∙ 14y ago
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Should you pay restraining order to a plaintiff instead of your landlord?
The question makes no sense. There is no payment of a restraining order. To obtain a restraining order, you either contact your local law enforcement agency and have a temporary order filed, or you motion the courts for an order, in which case you pay a motion fee to the court. Nothing is paid to the plaintiff, and the only reason your landlord would be involved is if he is the plaintiff or the defendant.
What if you're legally separated and someone has a judgment against the other person?
It depends on what type of judgment is in place. If the person is the sole debtor but there is still jointly owned property, the plaintiff can place a lien against the defendant's share. Or use the judgment as a wage garnishment or bank account levy. In some states joint accounts can be levied against. If that happens, the funds are frozen and the non-debtor must submit proof to the court what portion of the account belongs to them. If the debt was not joint the judgment will be only be entered on the PR of the plaintiff's credit report.
If you did not appear in a case of judgment creditor debtor Only because the plaintiff did not have your known address and you could not be notified of the court date Is the judgment contestable?
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
What is Request of entry of default?
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.
How enforceable is a summary judgment?
A summary judgment is just as enforceable as any other judgment. The only difference between a summary judgment and a judgment after a trial is that a summary judgment is granted when the court believes that a trial is unnecessary. A trial would be unnecessary if the facts of the case are either undisputed or conclusively established. Once that is shown, then the court can grant a summary judgment after a proper motion is filed.
How you can appeal as a plaintiff after judgment in small court?
File an appeal with the clerk of court. Im most states you only have 5 days to appeal Small Claims court decision, which ultimately will go to higher court.
What are the three other pleading documents after a complaint?
The defendant files an Answer to the Complaint. If the defendant wants to make a claim against the plaintiff a Counterclaim may be filed as well. If there are several defendants and the defendant wants to make a claim against one of them, a Cross-claim is filed. If the defendant wants to make a claim against a person who is not named in the suit, a Third Party Complaint is filed. If the defendant files an Answer only, plaintiff is not required to file any further pleadings.
How do you write a Small Claims Court motion to reconsider the verdict?
I am a plaintiff in a Small Claims Court case in Lakeland, Florida. The judge decided against me even though the only evidence was in my favor. I was told to file a motion to reconsider the verdict. What do you say? I do not know anything about motions.
Who can be found in contempt of a court order?
The only one who can file a contempt motion is either the Defendant or Plaintiff. Motion for Contempt is filed when the conditions of a court order have NOT been met and it is a request for immediate (as immediate as you can get through the courts) resolution.
Who were the plaitif and defendant?
the "PLAINTIFF" is the person or party that brings suit against the "DEFENDANT." The term "plaintiff" is applicable only when referring to civil lawsuits otherwise (in criminal law) the plaintiff is referred to as the "PROSECUTION."
What is the adverb of plaintiff?
The word plaintiff is the instigating party in a civil suit, a person or corporate entity. There is only the possessive adjective (paintiff's or plaintiffs') and no adverb form.
What happens when you lose in small claims court and must pay the plaintiff?
The person will not go to jail, as such an issue is a civil matter not a criminal one. The winning plaintiff in a lawsuit is responsible for enforcing the judgment entered, the court will not do it for you, regardless of whether it is a small claims, circuit or district court case. A small claims judgment can generally be used only as a monetary recovery, only a few states allow such judgments to be executed as liens against real property. The best option is wage garnishment or bank account levy. The person must be cautious in the execution of a judgment so as not to cause impediment to exempt property belonging to the debtor or any joint property owned with someone who was not a part of the lawsuit. The clerk of the court will assist a judgment holder in obtaining the court forms and prescribed procedures needed. Please be advised, court clerks or administrators may only impart general information. They cannot (will not) give legal advice nor comment on what the best action is for a plaintiff or defendant to take.
