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In many states, a default occurs when the defendant does not file an Answer to the complaint on time. If this happens the plaintiff can request that the court enter this default on the record so the case can proceed without the defendant's participation. Usually, court rules require this request to be in the form of a motion in writing with a copy sent to the defendant's address to put him/her on notice that the case is proceeding. Then, depending on the type of case, the court moves into the "proof" phase, where plaintiff submits proof of the claim in order to get the judgment demanded. The court will not enter the judgment demanded just because defendant did not object to it. In cases of debts, most courts accept a simple sworn affidavit attesting to the amount owed. If the court is satisfied, judgment will be entered. If it is the kind of case where proof is not so easily done, as in divorce cases, a proof hearing is set up and plaintiff appears and gives proofs from the witness stand. Again, judgment will not be entered unless proper proofs are on the record. Most states allow a defendant to make a request that the default be set aside and allow defendant to file an answer. This is usually granted to give defendant his day in court if there were some reasonable excuse for the delay. Courts even allow defendants to make requests to re-open the case if a default judgment has been entered, but this is usually done only when there is some reasonable excuse together with a meritorious defense. Each state and federal court has its own rules governing this whole process so you must check those to find out exactly what your state does.
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What happens if a loan is sold with recourse and it goes into default?
what haapend if a loan is sold with recourse and it goes into defualt
When there is an objection to a decision in court the case goes where?
court of appeal
When a case goes directly to the US Supreme Court it is called what?
If the US Supreme Court is the first to hear a case, the Court has original jurisdiction.
What is a legal case called when it goes to court?
a lawsuit
What happens after a case goes on the supreme cour's docket?
There are various steps that lead to a Supreme Court hearing. First of all, the case begins in the lower courts. If unhappy with the decision reached in this court, the case can be appealed before US Court of Appeals. If this doesn't go well, the defendant can request a rehearing or petition the Supreme Court. A petition of certiorari has to be filed, this will ask the Supreme Court to hear the case. At this point, the Court will either agree to hear the case, or reject it.
What happens when a judge goes in the court room?
Everyone stands up and court is called to order.
What happens in a game of badminton if you touch the lines of the court?
The point goes to the opponent.
If a parent cosigns a loan that goes into default and the loan is paid in full what happens to the default status on the credit report can it be removed?
If in the US, then yes. The default will be replaced with paid in full. Simply send proof of the payment to the three credit bureaus.
What happens when a speed sensor goes out on a 1995 Dodge Intrepid?
If a transmission speed sensor fails, the transmission will default to second gear.
What determines if a case goes to federal court or state court in Montana drug offenses?
If the crime carries a felony punishment, your case will go to federal court. The amount of drugs you have on your person will determine if it is a felony or not.
Who goes first in court prosecutor or defense attorney ?
The state prosecutes its case and the defence then answers.
Is act of lasciviousness a felony case?
It is a charge that many people goes to court for it. It is a felony.
