What Is A Default Judgment and What Can I Do?
March 1st, 2010
A corporation, business or someone personally can file a default judgment against you if you owe them money. Default judgments are done in a court of law in order for the person or entity to collect their funds.
A judgment placed against you is the only way a business, corporation or person can collect funds owed them. This default judgment will appear on your credit report and is reported to all three major credit reporting agencies. This will seriously affect your credit opportunities in the future.
Default judgments are usually filed against a debtor if they have not faced the creditor in court. If you were not aware a judgment was being filed against you, there are certain procedures to begin a process to have the default judgment removed or vacated, as if your right.
The only person with the authority to grant a judgment be vacated is a judge. The information used against you may be incorrect and you have the right to have it questioned. Keep in mind, however, that you cannot schedule an appeal or apply for a new trial until a judgment to vacate has been granted.
There are steps to begin the process, but they MUST be done within thirty days of receiving your Notice of Judgment. Go to the local small claims court and ask for a “Notice of Motion To Vacate Judgment.” You will pay a nominal fee which is different in every state. The clerk will timestamp and file the paperwork with the proper court. This is part of your evidence.
A judge will consider your circumstances if you were not aware a judgment was being filed against you. After the clerk has timestamped and filed the paperwork, you accuser will be contacted as well. The law states you have 180 days to file a Notice of Motion to Vacate Judgment.
You can ask the court to postpone the trial or ask for a continuance in order for to gather evidence for your trial. Some circumstances are taken into consideration.
If the judge decides to deny your request to vacate the default judgment, then you have 10 days in which to file an appeal against his denial.
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