How a default judgment is entered
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- čas přidán 27. 05. 2020
- It is believed that Judges make rulings and orders, which they do, but most people do not realize that the attorneys prepare the documents and submit those for the Judge to implement or make those orders and rulings binding. That includes orders on a judgment by default. This video describes the process and what is involved to take a judgment by default.
If a default judgment is entered against you: • If a default judgment ...
what happens after a judgment is entered • What happens after a j...
How a bankruptcy impacts a judgment • How a bankruptcy affec...
For more videos on any topic covered please check the playlist for this video!
Love the chair spin
Your chair action is fire 🔥
Thank you for taking your time to educate us. I appreciate you 🤗
You are so welcome
I won a judgement it has been 30 days I will be seeing an attorney for help due to no response from Defendants.
Very helpful information thank you
Happy to help!
If there are multiple defendants, and only 1 defaults does the case proceed? How long does it take to get a judicial (out of state) motion approved? Thanks😊
Hello I had a bit of a different question I wanna default judgment in the paper which is an affidavit and request for default judgment is a little confusing saying pretty much they have to answer within 15 days of the date of the fall defendant was served personally or notoriously on, that’s the date and proof of service was filed with Magistrate court on the date again. Do you know if they’re speaking of the day he was served at first or do I need to have him served again after the default was granted in court
HI @S - if you are using documents provided by the Court then you should be able to call the clerk and ask for clarification. Good luck!
I was served at my home for a lawsuit at my home and I then went to the courthouse to answer them. I filed the answer with a fee waiver: however, even though I had no income because of my contract work the court denied the waiver. It was then some 4 months before I had recived in the mail from the plaintiff an Application for Summery Judgement, I then went back to the court and filed the fee waiver a second time and this time was granted while I was standing there with the clerk. I then filed two motions. The first was to Notice of Motion to Compel Set Aside the judgement and Default and Quash Any Writ of Possession and was given a date for me to appear at a later date and the other Motion to Compel was for Arbitration. This is a clause in the contract and when I had asked the plaintiff about that they just got quite and would not say anything or reply, so I filed that motion and was given a date much later to appear for it. So my question would be " Being that the Court gave me those dates and nothing of mine as of this day has been siezed, or gasrnished am I still in good position for the later date for Arbitration with the court with the situation as it is now ? ".
It sounds like the case is still alive and once you have a hearing on the Motion to Compel Arbitration then the case will be dismissed and you will start over in arbitration or the Motion would be denied and the case will continue in the court.
Hey there I hope all is OK with your life,
Me and my wife lost everything we had.
I didn't even get the chance to collect belongings, my house was sold with contents still inside.
Sorry to hear all that. I am not one to give you legal advice but it sounds like an Attorney may be able to help.
Is a “default order “ the same as “default judgment “?
Wished i had seen this last month.
Were loosing our home and all our possessions in 3 days time.
2019 Life was great.
Nice home , lovely wife, good times.
Then it all Changed.
Just like that.
Because my wife was such a caring kind of woman
She opted to Stand up for a former colleague.
Against the bullies.
The bulling just shifted to her.
My wife has developed mental health issues after years of abuse at work.
Resulting in having to give up work.
1 less wage coming in.
After our £13,000.00 savings dwindled paying bills etc
Bills keep coming .
The van i had recently purchased. Packed in
Didnt have the funds to fix it.
Demand upon demand,
I got scared of opening letters.
We have sat in darkness for nearly 3 years now.
Never open the curtains anymore for being scared .
Everytime i have to leave the house. I fear im going to come home to my wife lyin dead.
Were just existing.
I now feel like my wife .
We would be less problematic if we just weren't here.
I cant see past this.
Once we lose everything in few days.
We will have nothing.
Become Homeless.
Im a proud man,
Reduced to the acceptance of our fate to be.
The day will come, we will be gone.
2 and half years till mortgage cleared.
Thousands paid in interest, from money that was created by typing the amount on the computer.
So never even existed to begin with.
❤❤❤❤ sending love
How are you now 🙏💖🌹
@DogsDroolll “Qui n’avance pas, recule”
Hey there.
Thankyou for asking.
Not doing so good.
Yes , we lost our home.😪
They sold our home with all our contents still In property.
We moved in to mother inlaws,
Sadly died sudden with cancer.
Local authorities re-housed us.
We had 4 days to move house,
I asked if I could store belongings in a garage on the property,
They agreed for me to have 2 weeks to empty belongings,
Only the representative at council office never relaid this on to the right department, they sent cleaning squad and removed everything we managed to salvage fir loosing our house.
So now we have nothing .
And can't get help anywhere.
I honestly think I would be better off not being on this awful planet.
I've have had everything taken from us.
I've never felt so alone
Hello I would like to know what motion a plaintiff should file in court if a defendent gets a case dismissed right before application for default judgement?
A request for reconsideration would be the first step. Good luck
I was wondering if I receive a judgment that I wanted to collect on but I just realized that the judgement isn't entered in his legal name? (Bob instead of Robert.) Can I enter the name he goes by and his legal name on the forms when filing with the county? Is their somewhere I can add it and have the judgement recognized by his legal name? Thanks in advance. I can't really afford to hire an attorney but I'm willing to put in the time.
Hi @Jayson The courts have a procedure to correct judgments if there were mistakes. You should use counsel to be sure that the rules are followed so that you do not jeopardize what you have already achieved and you make the request/motion timely.
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I need to file a default judgment against the defendant, no answer for my Complaint, No answer for my Motion of Summary Judgement. Would helpful for a video on what should be included, I have the Proof of Service as Refused.
Okay will put that on the list.
Meanwhile you should have a hearing on the Motion and if the time period passed then you provide a judgment to the court to be filed. Would be best to have an attorney do that for you- should not be expensive.
I need help, my ex took everything but i was able to catch the forgery and made a police report but how do u get my vehicle back? Police isn't doing anything and seems to be defending her because she's a mother (well I'm a parent too) how do i recover that back?
I served my ex and she responded. However, her paperwork was incorrectly filled out and returned to her twice. It has been over 30 days since her paperwork was rejected and she is delaying the process. Would it be a good idea to request default judgment?
Once the time for response has passed the party who filed is able to request a default. The decision is yours to make.
Hello, do you have a video that shows how to write a motion against a defendent for default judgement against a defendant who does not respond
If this is a small claims matter the clerk normally has papers you can fill out to have the judgment entered when the defendant does not appear.
Hi! What if the defendant sent out the answer on the 29th day (served with mail) to the WRONG address. Filed affidavit of service on the 33rd day. And asked if I received the answer and sent it to me electronically through email after 30 days. Can I file motion for default judgement and would I win?
Looks like they would need to explain their mistake to get their answer accepted after the deadline. It will be up to the Court.
thank u I got so scared because my landlord is suing me and evicting me and my 3 minor kids,,I did my response but 1 week later I got a request for entry of default along with UD-150 request 2 set trial,,,,I can't afford a lawyer being a single mom,,,,any advise on that?
HI @Anabel watch our video on how to find an attorney to help for free
It's more than a month my lawyer sent the default judgment to the courthouse. "The defendant didn't answer the questions" in the 30 days that the judge gave him to answer. What's the next step in this process ?..... I'm in Broward Florida
Hi Jose - the best person to ask is your attorney. If ordered to provide information on a collection matter after judgment and the person does not do that then the next step can be a contempt proceeding.
What about housing court default judgement s if someone already moved and the landlord has you served knowing you moved but still gets a money judgement knowing you won't be at court
The 'possession' part is separate from the 'money' part so responding to the court is to a person's benefit to make sure that the ruling matches what happened.
I did a private admin process and defaulted the wrongdoers. I filed it on a UCC 1. I am still trying to figure this small part out on enforcing the judgement since I have my seals from notary, county and state. I need to take my judgement and get it signed
Contact me
I’m currently on probation with getting this default judgement be a violation of it?
So as soon as I got served I contacted the creditor and I set up a payment arrangement not knowing that they would be still putting a default judgment against me I thought I was doing the right thing at the right time. But I would like to reverse that if I can and turn in my papers and show up to court that day so that I don’t have a default judgment. I was just trying to get it out-of-the-way and pay what I could. Not realizing that I messed up and answering but that’s what I wanted. Of course they were just trying to get money out of me as soon as they could. This is my first time ever dealing with anything like this
HI @Bailey Civil matters rarely impact a criminal probation- For assistance on the judgment issue - someone you know probably has an attorney who you can call.
@@FinelyRevealed Thank you so much. I was actually able to pay a settlement today so the court will be dismissing the automatic judgement that was placed against me
Where are those videos that you mentioned?
All our videos are organized by playlist - so go to this video and then find the playlist and you will see all the rest.
I have a question do I have to fill out a default judgment if I’m suing someone?
?
What happens when you respond thru email, and the attorney pretend to not see the email and now want a no contest hearing, what can you do as a pro se?
Court filings must always be responded to by filing with the court. If there was a copy sent to the attorney but nothing was filed in the Court that needs to be fixed - so send the copy to the court and then respond by appearing at the hearing and giving the explanation. Once back on track you can proceed from there. good luck!
Am I suppose to draft a default judgement to be signed by Judge? Then is this supposed to be shown to the defendant?
Hi Jacob. Yes- if you are the plaintiff and you win then you are to prepare the Judgment or Journal Entry (whatever that court calls them) and you present it to the judge. Then after it is signed and filed you can send to the defendant. In small claims or limited actions or associate circuit or whatever the quicker venues are called where you are- the clerk should be able to help with a template. Some courts have self help centers.
My lawyer sent the questions to the defendant and they didn't answer..
Now my lawyer sent to the court Plaintiff's motion to compel discovery....can you explain me this...and what is the next step in my case... I'm suing, but my lawyer really has bad communication with me... really I don't know why I picked the wrong people to do the Job
Sorry to hear that Jose. The questions - interrogatories- have a time limit. If not answered then they file the Motion to have the judge order answers to be provided. If that is done and still no answer then your case could be over and you win. Hope that helps.
Motion to compel make the master the questions also with Sanchez make a pay a fine until they do.
How do I file a default judgment? I'm the plantiff of a small claims.
Hi @007 If the answer time/date passed you submit a judgment to the clerk. For small claims they usually have the documents you can use on their website.
So it means like they are not divorced yet the marriage is still active
I did file and answer and they say i didn't and have a default motion
Hi@Chad Take your file stamped copies to the Court attached to a Motion. Mistakes can happen anywhere. Always get signed receipts on important mail and from courts they will always give you papers marked filed with a date stamp.
What if I asnwered and yet still get a default judgement?! 😮
If the Answer was filed before the deadline then the court would entertain a motion to set that aside.
What happens when spouse does not answer interrogatories or any discovery paperwork?
Hi @Lorena In most states the remedy is to go to the Court and obtain an order to compel - your attorney can explain the process.
@@FinelyRevealed thanks so much!!
@@lorenacuevasduarte And once you file the motion to compel, you can then ask the court for attorney’s fees. Even if the other party then supplies the discovery, once you file the motion, they could still be on the hook for it. Just make sure to give them notice of your intent to file a motion to compel first. That way the other party is aware of the consequences that are looming.
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Thumbs up
Italy, Perfect.
My lawyer told me not to go that because he filed as my lawyer I did not need to go
That is correct if you are referring to filing an answer - some summonses require in person appearances and others require in person appearances or the filing of a responsive pleading.
Why was Alex jones given one?
How do I file a judgement?
Hi @Sharnice A judgment is entered by the Court after a case is completed. Most are filed electronically into the court system. The rules for your case will depend on the court procedures so you should ask the clerk.
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This information was not helpful to me at all.
Why even post this comment?