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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.
What happens to a corporation when it doesn't answer a complaint and is in default?
The plaintiff will likely present a default judgment to the court, which the court will sign, granting the plaintiff everything requested in the complaint.
Can you file a judgment against a person without a lawyer?
Yes, it is called Pro Se, you can file a civil complaint against someone and the judge will determine whether a judgment in your favor will be granted, it is up to you and not the court to enforce the judgment.
What is the statute of limitations on a complaint by a homeowners association when no suit is brought?
Your question can be answered by the court clerk where the complaint was filed, and they can help you understand the status of the situation.
What happens if I am trying to pay a judgment against me but the other party isn't responding?
If this is a court ordered judgment and the other party is not cooperating, then they are not being compliant with the court's order, which puts them in the status of being in contempt of court. Notify, the court that ordered the judgment in writing, or by filing a motion, that you are attempting to follow the judgment but the other party is refusing to communicate with you.
How do you fight a Judgment that has been awarded to a plaintiff because you were never informed of the court date or even that you were being sued?
You file a motion with the court that entered the judgment to have the judgment vacated and set aside due to lack of jurisdiction over you. The court cannot enter a judgment against you unless you have notice of the request (service of a summons and complaint) and an opportunity to be heard (appearing at trial). This is not the ame as appealing the improper judgment.
What does motion and request for default mean?
A plaintiff starts a lawsuit by filing a complaint and serving the complaint and summons on the defendant (or defendants). If the defendant does not answer the complaint or otherwise respond to the suit, the plaintiff make request a "default judgment." This means, more or less, "the defendant has not responded and the court should therefore grant what I sought in the complaint." Usually, a default judgment will be restricted to the relief sought in the complaint and will be restricted to amounts that are reasonably calculable. For example, say somebody hit you with their car, and you sued for $100,000 in medical bill. If the defendant ignores the lawsuit, the plaintiff will request a default judgment, and the court will likely grant them a $100,000 judgment. The plaintiff will then take the judgment to (most often) the county sheriff's department, which will then seize a defendants property to be sold to pay the judgment; or plaintiff can seek other remedies, like garnishment of wages. Lesson: don't ignore lawsuits. That's how you lose for sure.
What is motion for judicial default?
A motion for a judicial default, or a default judgment, is bringing a matter to the attention of the court due to the defendant failing to answer or appear to a trial. This judgment will award the complainant what they asked for in their complaint.
Can they seize your property in a different state from were the judgment was made?
For a state court judgment, no.For a state court judgment, no.For a state court judgment, no.For a state court judgment, no.
What action can be taken if a debt collection agency sued you and default judgment was passed for an unpaid debt if you are temporarily out of the country for a 1 year assignment?
A motion or application for an order vacating or setting aside the judgment may be made if service of the complaint had not been made properly. Before a judgment can be entered against a debtor, the complaint must be served on the debtor personally or sometimes if the court allows, by certified mail. If the debtor was not served with the complaint because he was out of the country and if he did not know about the lawsuit, the judgment entered would be void. But because the judgment is on the public record as a judgment, the debtor has to ask the court to set it aside. If the court agrees that the judgment should be set aside, it will enter an order vacating the judgment , but it will also reinstate the case as if it were just filed. By filing the motion to vacate the judgment, the debtor has automatically acknowledged service of the complaint, so there is no longer a need for the plaintiff to serve it and the case will start again. In addition to this, a debtor in that situation should also review very carefully the documents the collection agency filed in order to prove to the court that the debtor was properly served. If that "proof" was falsified, the agency could be in violation of state and federal debt collection laws, perjury laws and contempt of court rules.
What does status only judgment mean?
"Status only judgment" is a term used mainly in divorce law. It means that the court has ruled that the parties are now divorced, but that many issues may still need to be resolved, such as the division of property. The court reserves the right to revisit these issues should they arise. Status only judgment is usually given if the parties are in a hurry to be divorced for some reason, or if one of them refuses to participate in the divorce proceedings.
How long proir to a court date must you serve someone?
A court date can not be set until a Complaint is filed. In federal court the Answer (defendant's response) must be filed within 20 days of receiving the complaint according to the Federal Rules of Civil Procedure. This time will vary depending on the state for state court. If the answer is not filed within the specified time, a default judgment will be rendered, meaning all statements in the Complaint are assumed true.
