What do you do after motion for default has been granted in a civil case?
If a default judgment was entered against you the case is over. By failing to appear you lost the case.
Yes, you have probably been found in default. If you wish to contest whatever it is, you will need to file a motion with the Clerk of Court to re-open the matter, and then hope your motion is granted.
The motion for relief will be granted by default unless you contact the court, obtain a hearing date and file opposition. The court will make a ruling at the hearing the court or opposing counsel will send you a copy of any order lifting the stay is signed by the judge.
If you have been separated from your wife for 10 years and she has ignored divorce papers can you file for a legal separation including the 10 years and what benefits would this have?
Filing for a legal separation would not benefit you at all. You would still be legally married. Most states in the US do not recognize separations any more because a couple remains legally married under a separation. You need to file for a divorce. The legal divorce will take effect on the day the judgment is granted. Your wife does not have to consent to the divorce. Until you are legally divorced you each remain… Read More
It can mean a number of things, but simply put the case is over. How it's over is what is uncertain. It could have been settled and dismissed, it could have been withdrawn (sometimes called a non-suit), it could have been dismissed because of a motion to dismiss that a court granted......
In Florida, when a party against whom action for affirmative relief has been filed (Defendant) fails to file an answer or serve any paper in the action within the time frame permitted by the rules of civil procedure, the party seeking relief (Plaintiff) may have the Clerk of the Court enter a default. The Plaintiff files a Motion for Default with the Clerk and provides a proposed Order. The Clerk will review the file and… Read More
The best approach would be to work with the Creditor's attorney to come up with some kind of agreement. You can also move to have the stay reimposed or ask the Judge to reconsider lifting the stay. If the motion for relief from stay has been granted, you no longer have a defense. The time to raise a defense would have been right after the motion was filed by obtaining a hearing date and opposing… Read More
There is no penalty simply for submitting a motion to the court. A motion is merely a legal request submitted to the court asking (or recommending) that the court "do" what has been asked. If the motion asks for some specific penalty to be applied, it will depend on what has been requested and the judge's decision on whether it should be granted or not.
If you have filed a motion to remove a default judgment illness You believe the debt is past the statute of limitations Too late to ask for a debt validation?
If the statute ran out while the default judgment was in effect, it will have been considered tolled for that period, if your motion to remove default is allowed. You will usually have all the defenses available to you when the default was entered, and you would be able to ask for debt validation. Some courts require debt validation to get a default judgment, so you may want to check the docket for your case.
A person cannot be denied a divorce, but the terms of the divorce can be contested which sometimes leads to a long and lengthy court battle. When a spouse is served with a dissolution of marriage summons and fails to respond the spouse seeking the divorce may petition the court for a motion of default. A judge will review the petition to be certain everything is in order, the judge may also choose to interview… Read More
in civil court, the court may, on motion, grant a new trial on all or some of the issues after a jury trial or nonjury trial for any reason for which a new trial has heretofore been granted in an action at law in federal court. generally, that occurs when there has been an error in the procedure in the trial, or after an incorrect verdict.
It goes back to the original court after a motion for a new trial has been filed and granted.
You can either file a motion in the trial court for reconsideration or take an appeal of the summary judgment in the appellate court.
14 Amendment is a Constitution of the United States that granted citizenship and equal civil and legal rights to African-Americans and slaves who had been emancipated after the american civil war.
A friend had his Civil Rights restored after a felony conviction. Months later, one of the parties filed a Motion to Release Civil Rights. The record is sealed, and we're unable to see the motion or which party had filed it. The defense attorney is deceased, so info is unavailable. What is said motion? I understand the situation, but don't understand the desire for the information. A petition to restore 'rights' to a convicted felon… Read More
If you have been separated for 10 years and the whereabouts of your spouse is unknown will a divorce be automatically granted in California?
It would not be "automatic" but the petitioning spouse can receive a divorce under the state default laws. He or she will need to prove to the court that they have made every attempt possible to locate the absentee spouse before the divorce will be granted.
Is there any way to get a misdemeanor marijuana charge expunged from your criminal history in Georgia if you have been convicted. it was seventeen years ago?
File a petition (motion) for expungement with the court. It may or many not be granted. It all lies in the hands of the judge who reviews your motion.
If the judgment has not yet been granted by a court, it will stop the foreclosure. The mortgagee will have to file a motion for relief from stay to continue. If the judgment has been granted, it may stop the auction of the property. If the property has been sold, it will not have any effect. The answer can depend on your jurisdiction's laws regarding foreclosure, not on federal bankruptcy law, so consult a local… Read More
If you have been served with a civil lawsuit, you will need to file a pleading called an Answer, where you answer each individual allegation, plead any affirmative defenses, and assert any counterclaims. A letter is not sufficient, and will not avoid a default judgment.
In the state of Florida, if the served party refuses to sign "answer" the petition, a Motion for Default is the form to file.
Generally, no, unless they have been granted by a court order. Generally, no, unless they have been granted by a court order. Generally, no, unless they have been granted by a court order. Generally, no, unless they have been granted by a court order.
No. The judgment has been entered and stands. But your landlord can report to the courts that the judgment has been satisfied which will take it off the open books. ANOTHER VIEW: If YOU are the landlord, you can file a motion with the court to 'vacate the finding' in order to nullify it.
In Arkansas how do you obtain a divorce when you have an order of protection against your husband and he is avoiding service of the summons for divorce?
Your legal representative (or yourself if using pro se procedure) can request a dissolution of marriage hearing under the state default laws. An attempt will be made to contact the absentee respondent and after the required waiting period if the named person does not reply, the divorce will be granted. Before a divorce is granted under default laws, the petitioner must prove to the court that a reasonable attempt has been made to serve the… Read More
lots of rights have been granted that is why there is laws cuz so many laws are there and have been granted.
The Statute of Limitations in New York for arrears is limited to 20 years from date of default in payment regardless of whether or not the past due has been reduced to a judgment for support orders entered after 8/7/1987, years for default in payment on orders entered on or before 8/7/1987 and 20 years for all defaults in payment which have been granted as a money judgment.
Whether or not a motion can be filed and will be granted for a lien to be removed after the bankruptcy has been filed depends upon individual circumstances. The expungement liens can be very complicated and it is best to have the action undertaken by a qualified bankruptcy attorney.
Forgiveness could only be granted by the person who has been deprived of alimony. If someone has been deprived of their due alimony payments, it is up to them to decide whether to pursue through the courts, bring a civil action, or not, the choice is yours.
No. A PRE-trial hearing implies that the case has not yet been presented to court for trial. Therefore there is nothing on which a "motion" may be made. You may "request" a postponement of the hearing (providing you can present good cause for the request) but there are laws granting "speedy trial," and it may not be granted.
It is not recognized by the U.G.C. However, stay has Open been granted by Civil Judge Hawalee (J.D.), Lucknow. The issue regarding Fake University is in Court).
Once the final decree has been granted the terms of the divorce are final, they cannot be amended in most cases. If there are issues that can or should be modified then the court can allow a modification. If one of the parties discovers that assets had been hidden by the other spouse then he or she would need to file a civil suit to attempt to recover what they believe they are entitled to… Read More
You won't ever know until you actually attempt to have it done. You can file a motion with the court requesting to have it expunged and you'd better have good, sound legal reasonaing why it should be granted.
Can you refinance during Chapter 13 without creditors taking your money if their debt has been satisfied?
Yes. It certainly depends on how long you've been in the chapter 13. Most states say if you have been in the chapter 13 for more than 3 years, you will only have to pay back a percentage of the original balance of the bankruptcy. If you have been in the bankruptcy for less than 3 years, most states make you pay back the bankruptcy in full (100% of the original claims). If a creditor… Read More
There have been tens of thousands of writs of certiorari granted in the history of the US Supreme Court.
Not necessarily. Every granting of a motion for continuance will be accompanied by a reason for making that request. If the reason is legally sustainable, the judge will grant it, thereby making the continuance lawful. On the other hand, if you think there have been too many continuances granted, YOU , could file a motion for dismissal based on any number of grounds.
How many extensions can be given on a Motion to Compel request from the attorney who has been served with the Motion?
A Motion to Compel is a motion filed by one side, asking the court to Compel the other side to do something. If the side filing the Motion agrees to extend the length of time before the court hearing, it can be granted as many times as the side allows. However, a Motion to Compel is a "last straw" move. An attorney is not likely to file the motion unless the opposing party has refused… Read More
If you avoid being served, you will then be investigated. Upon completion of he investigation, a default judgement can be ordered against you. so in simple terms you will have been found guilty of the accusation against you.
The Confederate States of America would have been granted their independence. But slavery would have died out before long, under pressure from nations they wanted to trade with, and the war could have been made to look unnecessary after all.
In a divorce case a requested entry of default was granted after it had been denied a couple of times. Does this mean the divorce is final?
No, Depending on the state, there still has to be a trial, showing your case as to why you want to be divorced. Default just means that the defendant hasn't responded to the summons, and has to have good reason to be part of the proceedings. Defaults are usually denied when you do not serve the other side correctly. Divorce is only final when you receive the signed decree of divorce from the court.
Can you locate any tab stops that have been inserted into a document by looking at the horizontal ruler?
If you look at the ruler you will see any tabs that have been manually set, as they will be on the ruler. Default tabs are shown below the ruler.
What type of motion occurs when a judge makes a final decision on the issues of the lawsuit without a trial?
This is likely to occur when a judge grants a motion for summary judgment. The motion asserts that there is no justiciable issue of material fact for the finder of fact (judge or jury) to decide, and that the party filing the motion is entitled to judgment "as a matter of law". Typically, the case has progressed to some degree when a motion for summary judgment is filed and the motion is based upon facts… Read More
Sorry, there is no default resolution. There have been various 18´´ monitors.
A preliminary hearing on the motion must be heard within 30 days of the date it is filed, unless that requirement is waived by the creditor. The motion could be granted at that hearing, or the court could set it for a final hearing, which must be heard within 30 days of the preliminary hearing. If the motion is granted, the creditor may then proceed with actions to remove you from the property. The creditor… Read More
What is the position of Arizona State Senator Ed Ableser on the pending bills to legalize same-sex marriage in Arizona?
Mr. Ableser has introduced civil union bills several times, but they have never been granted a hearing by committee.
The Indian Civil Rights Act, however, limits tribal punishment to 6 months in jail and a $5,000 fine. Tribal Courts have no criminal jurisdiction over non-Indians. The state has been granted criminal and civil adjudicatory jurisdiction over activities in Indian Country.
How does plaintiff respond to defendants motion for orders to set aside default and vacate judgment?
Courts generally prefer to decide cases on the merits (facts), rather than by default. However, when an answer to a complaint has not been timely filed, and damages are proven to the satisfaction of the court (either by affidavit or by testimony), a default judgment may be entered. Most jurisdictions require that in order to set aside a default judgment, the following be shown. This assumes a failure to answer a complaint-rather than a default… Read More
If a person has been granted the administration of estate of the deceased is he or she obligated to pay the deceased debts?
if a person has been granted administration of estate of the deceased is he or she obligated to pay the deceased debts?
An i979 approval is a notice of action form. This can be used to let someone know that a petition has been granted or if an alien worker petition has been granted.
A default is an existing setting. So in Excel when you type something into a cell, a font has already been set, a size has already been set, a colour is already set and so on. You can then change any of those things, but their initial settings are the default settings.
When you set a new tab, all default tabs prior to it are cleared. Default tabs after the last custom tabs that have been created will remain. So custom tabs override default tabs.
In the case of a criminal trial, the prosecutor's office. In the case of a civil trial, a motion for the charge of perjury is presented to the judge in the case, and he rules on it.
It means that the motion (and whatever reaction was requested by the motion) has been submitted to the court for consideration.