LegalYou: Default Judgment
They say 80% of success is simply showing up.
Well, not showing up in civil court will lead to 100% trouble. And by trouble, we mean a default judgment. A default judgment is when court says you lost a case because you didn’t respond to a claim or appear in court when you were supposed to.
For example, if you have an unpaid bills case brought against you, and you do nothing, the judge can say you owe whatever the creditor claims you owe. If further proof of the amount is needed, a hearing or trial will be held to determine the amount that you owe.
But if you’ve been defaulted, you may not be invited to the hearing or trial. Even if you are present, you may not be allowed to argue against the evidence your opponent presents against you.
Now, although difficult, you can ask a court to remove a default after the fact so you can fight the case freely. LegalYou can help you go about that in detail. But some of the unusual reasons for excusing a default is either you did not get a notice of the case or a particular deadline, or something happened that made you unable to respond to a case or attend a hearing. Whatever route you go, you must file a request in writing in a motion that you file with the court called, a motion to vacate default.
Then, of course, must provide that your excuse is legitimate. Besides asking the court to simply set aside the default, you can also try to settle the debt, for example, for a reduced amount or eliminate the default completely, by filing for bankruptcy.
Although, the very best way to defend against default is by not defaulting in the first place. But if it does happen, LegalYou can help you reverse that decision and come out on top.
Any other questions you have regarding this or other legal matters, visit LegalYou.com.