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What else can I help you with?
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.
Can a default judgment for unpaid credit card debt be awarded if you never officially received a court summons?
Yes, only a reasonable attempt to serve a civil summons is necessary. If the defendant is not located, refuses service of the summons, etc. the creditor's suit will be heard and usually a default judgment will be entered against the defendant.
An attempt was made at a residence I have lived at for 15 years. I do not live in the States. Can a summons that was not delivered become a judgment?
Service of summons must be perfected for it to ever come to a default judgment against the defendant. I'm sure they are looking at other avenues to serve you - but, at this point, it sounds as if you have yet to be properly served. So, no default judgment (which would only come after you not filing an answer in time AFTER your summons)
How do you appeal a default judgment to which you were never served a summons?
You have 30 days to respond to a default judgment by going to the courthouse and filing an appeal. A new trial will be set where the judge will either give you another opportunity to hear your side or vacate the judgment if you can show that you were not properly served.
If settling out of court do I still have to answer the summons?
You would not have to answer the summons as long as the plaintiff agrees not to move for entry of a default judgment for you not answering the summons within the appropriate time. Also, if you do reach a settlement be sure that the plaintiff promises to and does dismiss the lawsuit when the money is paid.
Can a request for default judgment be filed if there was no summons?
There can be no judgment of any sort unless the lawsuit has been filed and "heard" in accordance with state statutes. Often the defendant debtor believes they have not been legally served because the civil summons was not physically placed in their hands. In the majority of U.S. states that is not a requirement. A civil summons can be hand delivered in several ways (process server, courier such as FedEx, etc.) or it can be sent as registered mail via U.S.Postal service. The premise for such action is that a "reasonable attempt" needs to be made to inform the defendant that he or she is being sued. If the named person cannot be found and/or he or she refuses delivery of said summons the lawsuit will go forward under the default laws. In such instances a default judgment can legally be filed. The defendant does have the right to contest the validity of said judgment to have it quashed. But unless it can be proven that the required notification procedures were not followed the judgment will stand.
Can a collector use a judgment to garnish your wages if you were not served a lawsuit summons and given a chance to defend yourself in court?
It is possible for a creditor to receive a judgment by default when the debtor does not appear on the date of the trial (hearing). In most instances all that is needed is for the creditor plaintiff to make a reasonable attempt to serve the person named on the civil summons and not necessary for the summons to be physically placed in the defendant's hands.
Is a summons a call to appear in court?
Yes, a summons is a legal document that notifies an individual that they are required to appear in court. It typically outlines the details of the case, including the parties involved and the date and time of the court appearance. Failing to respond to a summons can result in legal consequences, such as a default judgment against the individual.
How do you answer a summons for a credit card debt?
First, make sure that the document you received is actually a summons to appear. A summons must contain a docket number and a court date. Many collection agencies or collection attorneys use a summons as a scare tactic, in order to get you to pay your defaulted amount. However, if it's an actual summons to appear, the last thing you want to do is not show up. If you don't appear, the plaintiff will get a default judgment from the court. With a judgment in their favor, they may garnish your wages or freeze your assets in order to collect on the defaulted amount.
Who does the court notify in a default judgment case in California?
The defendant(s) (persons named on the civil summons) who then have a set time to file their exemption claims or in some cases a countersuit.
Can a collection agency falsley claim to have a judgment against you?
No. A collection agency may not legally make any false claims. However, they may have obtained a judgement by default if you failed to answer a summons.
What happens when you are in default on leased good and a you are summons to a magistrate court and you dont respond?
Generally, the party who brought a court action against you will win by default and obtain a judgment lien against you. Generally, if you don't show up in court to defend yourself against a claim filed by someone else, you will lose by default.
