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You have filed a motion to remove a default judgment due to illness Before the hearing on the motion can you ask for debt validation or have you missed the opportunity?
Wiki User
∙ 12y ago
The best reason for this motion being granted is if you can prove that the service for the case was not done properly...that you didn't show up because you weren't properly served. That can be difficult to show..and good service is normally easy for the other side to prove. If you were in the hospital or such when you should have gone to court, even after good service that may well be acceptable...but at most it means the hearing that was to take place will be held, quickly, again. And if you owe the money, the judgment will likely be the same. (Be prepared to provide what your defense is to the court clerk, or be able to maybe post a bond or such, to even have your motion heard).
You have to have a valid defense to bring for why the debt isn't actually owing (not why you haven't paid it)...even getting a default judgment removed has little effect if you can't prove that the subject debt wasn't in fact due...as the creditor will/can quickly and easily have the judgment restored when that occurs and the court would feel your just trying to stall for time...not a good position to be in!
Wiki User
∙ 12y ago
Wiki User
∙ 15y agoIf 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.
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What is a default judgment in small claims court?
If one party in an action does not appear at the trial/hearing the court can make a default judgment. This judgment is binding unless overturned at a later date.
What does it mean when my divorce status says red- request for default filed?
A Request for Entry of Default is filed by the plaintiff when the defendant did not show up for the hearing and the plaintiff wants the court to enter an Entry of Default. The Entry of Default must be filed before a Default Judgment can be issued whereby the plaintiff will prevail in the lawsuit.If your case is not ready for a default hearing, you will receive a red notice with instructions on what to do next in your case to get a default hearing set, or if you cannot go by default. You should contact the court if you have questions.
What is a proof hearing when other party does not dispute owing you?
A hearing before the court to prove a plaintiff's case against a defendant, where the defendant is in default and has not made an appearance in the case. Generally used to get a default judgment against a non-answering party.
What does Disposed by judge?
Disposed by Judge - a judgment or disposition is reached by the judge in a case which is not dismissed and in which no trial has been held. Includes stipulations by the parties, conditional judgments, summary judgment after hearing and any matter in which a judgment is entered excluding cases disposed of by default.
Are you required to appear in court before your wages can be garnished?
No, the defendant (debtor) does not have to appear at the date of the hearing. A non appearance usually results in a default judgment being entered against the debtor. The debtor will receive a notice of final judgment before the judgment creditor can take steps to have the judgment executed.
What if you dont show up in court but you filed a written response?
Your written response may be suppressed (i.e. dismissed) at trial, because you did not appear to give evidence in support of your response. The court will probably enter a default against you and allow the plaintiff to proceed to an uncontested proof hearing and disregard any denials of liability you made in your written response. The written response only ensures that you will be given an opportunity to be heard either at trial or in a summary judgment hearing. Beyond that, you have to appear to avoid an entry of judgment against you.
If the defendant in a civil suit does not respond to the charges what happens?
The plaintiff will win a by default and a judgment will be entered against the defendant. There are not laws that require a person to file an answer or to be present at the civil suit hearing.
What happens if the noncustodial parent doesnt go to the child support court hearing in kansas?
The court will enter a default judgment against them. Better to show up and have a say in what is going to happen.
Can a landlord sue you for damages if they have already received a default judgment?
Maybe, it depends upon the specifics of the case, for example if there were more then one debtor the plaintiff should have sued both at the same time although in some US states that is not a requirement. If the second suit pertains to the same issue as the first where a default judgment was entered, the first judgment will automatically be quashed and the decision made at the new hearing (trial) will take precedence.
How do you respond to a child support petition?
1. SHOW UP FOR THE COURT HEARING AT THE STATED DATE AND TIME ON THE PETITION. DONT BE A JERK AND IGNORE IT!!!!! YOUR CHILD IS WORTH IT 2. You helped make the child, you help support him/her. If you dont show up for the hearing, the court can file a default judgment delaring you as the father/mother (whatever your situation is). If the father shows up at court and has doubts he is given the opportunity to file a continuance and get a DNA test.
What happens if you and the defendant don't show up on a hearing for child support case at court?
You lose. If the defendant doesn't show up for their notified court hearing, a default judgment will be made against them. If the plaintiff doesn't show up, the case will be dismissed. In the case of a defendant, the plaintiff will then go about collecting the award through garnishment of wages and placing liens on property.
What does it mean to set aside a default judgement?
A default judgement is a judgement (guilty, innocent, acquitted) that was made by a judge in lieu of a full trial. Generally this involves minor traffic violations in which the defendant doesn't show. A motion to set aside a default judgement is a request by the defendant or the prosecution to move to a full trial and force both sides to present the case.
