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What do you do after motion for default has been granted in a civil case?


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2009-12-30 05:12:10
2009-12-30 05:12:10

If a default judgment was entered against you the case is over. By failing to appear you lost the case.


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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.

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 It could have been settled and dismissed, it could have been withdrawn (sometimes called a non-suit), it could have been dismissed because of a motion to dismiss that a court granted......

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.

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 the motion. The creditor is not required to negotiate with you, but you should at least try again.

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 if it is found no answer was filed by the Defendant, the Clerk will sign the Order entering the Default.

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.

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.

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.

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.

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.

lots of rights have been granted that is why there is laws cuz so many laws are there and have been granted.

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 the filing spouse. After the judge is satisfied that proper procedures have been followed the divorce will be granted by default. The non-responsive spouse will be notified that the divorce has been granted and that they have forfeited their legal rights to contest any of the terms that were included in the original dissolution of marriage petition. These procedures apply whether a spouse is incarcerated, residing in another state or living outside the country. Be advised, a divorce granted by default does not relieve a spouse of the obligation of child support, that is a different issue.

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.

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.

There have been tens of thousands of writs of certiorari granted in the history of the US Supreme Court.

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.

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 bankruptcy attorney.

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 is never a slam-dunk anyway. They do not have a 'right' to have their rights restored. It is totally up to the decision of the reviewing judge as to whether it will be granted or not. If the individual has had his rights restored - and has the court paperwork to prove it - and has never been notified that it has been rescinded - - except for curiosity's sake what difference does it make WHO may have objected, or WHY? Quite frankly, it's the very nature of this request that causes the court to seal these records in the first place. He's had his rights restored, my advice would be, let sleeping dogs lie.

In the state of Florida, if the served party refuses to sign "answer" the petition, a Motion for Default is the form to file.

Sorry, there is no default resolution. There have been various 18´´ monitors.

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.

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 the legal spouse of the other and by that legal relationship one will be first to inherit property when the first spouse dies.

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.

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