Does anyone know when I can file for a default judgement on an unanwsered lawsuit claim aganist someone?

Question by *******L…A ‘S FINEST******: Does anyone know when I can file for a default judgement on an unanwsered lawsuit claim aganist someone?
I am currently going through an unlimited civil lawsuit process ,
Today is the deadline date for the individuals and company my attorney filed my claim aganist to anwser, .They have not responded to my claim filed aganist them, so far and I am wondering when will it be ok for my attorney to file for a default judgement. Thanks Robin G. IN LA

Best answer:

Answer by Shibi
Why don’t you discuss this with your attorney? They would be in the ideal position to respond to your question about your case.

Add your own answer in the comments!

Q&A: Does anyone know when I can file for a default judgement on an unanwsered lawsuit claim aganist someone?

Question by *******L…A ‘S FINEST******: Does anyone know when I can file for a default judgement on an unanwsered lawsuit claim aganist someone?
I am currently going through an unlimited civil lawsuit process ,
Today is the deadline date for the individuals and company my attorney filed my claim aganist to anwser, .They have not responded to my claim filed aganist them, so far and I am wondering when will it be ok for my attorney to file for a default judgement. Thanks Robin G. IN LA

Best answer:

Answer by Shibi
Why don’t you discuss this with your attorney? They would be in the ideal position to respond to your question about your case.

Give your answer to this question below!

What happens if you win a default judgement against a company…?

Question by Nat: What happens if you win a default judgement against a company…?
and the company does not pay? What would happen next?
We’ve filed for a default judgement against a company and will most likely get what we’re asking. But this company has not responded to any lawsuits against it lately. What can we do if they do not pay?

Best answer:

Answer by ?infiniti?
Winning a judgment is just half of your battle. If they don’t pay, you could place liens on any bank accounts or any other assets that the company owns.

Add your own answer in the comments!

default judgement?

Question by Fredia b: default judgement?

Best answer:

Answer by cou
When you get a summons to go to court and you don’t show up at the appointed date/time, you will get a default judgment against you based solely upon the fact that you didn’t show up…So the other side wins by default and you will end up having to pay money…even if you didn’t owe it in the first place.

NEVER ignore a summons to go to court.
What do you think? Answer below!

judge vacates default judgement and writes a scheduling order?

Question by Jamila R: judge vacates default judgement and writes a scheduling order?
I had a default judgement on me for a debt. it was beacuse of the clerks error(placed my answer in a different file) anyways the judge vacates it. and set a scheduling order, do i get a scheduling order or does a plaintiff, and who sets the dates? or is a scheduling order for the plaintiff to comply with my discovery?

Best answer:

Answer by Bill C
Both celebrations will get a copy of the scheduling order. It sets the dates that discovery is to be completed by, and the deadline for filing any dispositive motions (such as summary judgment).

What do you think? Answer below!

Default Judgement??

Question by CL: Default Judgement??
I just got a letter stating that I have a default judgement signed against me from a credit card debt. What happens next?

Best answer:

Answer by echo
If you live in a say that grants remuneration garnishment, then the collector would probably try to get a writ of garnishment.

Looking through your past Q&A’s it looks like you live in Texas? If so, remuneration garnishment is not granted for easy money debt judgments such as credit cards.

They might try to seize your bank accounts, if they haven’t already. If the assets in your bank accounts don’t cover the amount of the judgment, then they might try to place a lien on your home or other assets that are allowable under the Texas homestead exemption laws.
They “cannot” force you to sell any quality to pay the judgment.
They would have to move for you to sell, then move in line to be paid over previous lien holders, such as your mortgage holder.

They might request an quality hearing. If they do then do not miss it. Fail to show for an quality hearing and the judge could place you in contempt of court.

It will probably be entered on your credit reports.

They could do any of the things I mentioned or, if you have nothing for them to seize or lien, they could sit on the judgment until you have something. They could continue to renew the judgment until it’s paid or they might just let the judgment expire.

Know better? Leave your own answer in the comments!

Can You Save Your House in Case You Default Your Mortgage Payments?

Can You Save Your Home in Case You Default Your Mortgage Payments?

-Mortgage payment protection
-County Court Judgement
-Payment holiday

If you have had a large amount of mortgage and are unable to pay back on time, there is a risk of losing your collateral. In case of a secured loan, home is used as a collateral. Remember that if you forget to pay up your monthly dues, you might stand to lose your house. Therefore, it is essential to pay off your bills on time. Think of a worse situation, when you might have lost your job, you are sick and bed ridden. How would you make your repayments?

Simple, you can protect your loan payments in times of redundancy, sickness, accident, loss of job etc. You will not lose your house, if you apply for a payment endorsement policy. You can either apply for a payment endorsement with your loan lender or you can apply with another lender. This payment endorsement insurance, will help you meet up the monthly loan amount. It helps you in a crisis situation, where in you don’t have to fear losing your home as you are unable to repay. Your insurance company will pay on your behalf, and helps replace a portion of your income.

Your secured loan is the most important financial commitment to you. This is because your home is used as a security and in case you change to repay, it will be a disaster if you don’t have a endorsement policy in place. What are you inactivity for, if you are applying for a secured loan, do not forget to protect it. Also remember that it is not mandatory to get a endorsement cover along with your loan. If a lender misleads you that it is part of the loan and you must apply for it, the, be sure he is deceiving you!

The other option to save your home in case of loan defaults is CCJ (County Court Judgement). You can file for County Court Judgement if you want to save your house. The court will set your repayments based on information you wage about your income and spending. You can request for a payment holiday till the date you get another job. No lender will harass you or run any court proceedings against you while you have asked for a payment holiday or file a CCJ. This way you can protect your valuable collateral from being confiscated by the lender.

For most people, their mortgage is the most important financial obligation because their homes are secured by it.  Failure to meet mortgage repayment guidelines can result in repossession.  Many properties have been saved by the assistance provided by mortgage insurance.  Mortgage endorsement insurance is routinely sold in combination by banks and lenders, but this packaging of loans and insurance has come under fire in current years.

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Judgements, Liens, and Other Legal Issues

Judgements, Liens, and Other Legal Issues

In the field of debt collection and delinquencies, judgments and judgment risk factors are a very real concern. Will a creditor sue and seek legal judgment against me? If he does, what type judgment might it be? What exactly is a judgment and what can I do about it? These are just some of the questions answered in this judgment article. But please note. The content of this article is for consumer knowledge of judgments and legal lawsuits only and it is adopt the reader will act responsibly towards his/her debt.

RISK FACTORS

Collectors must stay by the their state’s Statute of Limitations (SOL) for the amount of time to sue a debtor for payments. Therefore a consumer’s first step is determine if the SOL for collecting a debt has past.

If the SOL has not passed, the consumer must weigh the risk bourgeois of a judgment against them when determining if they should pay a delinquent debt. A judgment could grant the creditor to garnish consequence or hire an dominance to come get your property. However, it is doable it might not be in the creditor’s ideal interest to do so. Sometimes it is simply too much time and expense for a creditor to take action against you. But the possibility does exist.

As said at Credit Info Center: “The risks of judgments, garnishments, and property seizures must be properly balanced against the likelihood that such drastic collection measures will ever happen. The risk, and the decision to take that risk, are entirely yours if you’re in such a position.”

DEFINITIONS

JUDGEMENT – a decision issued by a court at the end of a lawsuit. If in the favor of the creditor it not only verifies the debt but can increase the debt by adding interest, court costs, collection fees, and attorney fees an might extend up to 20 years on a credit file. A decision in favor of the debtor makes the debt uncollectible and might include reimbursement of legal costs to the debtor.

JUDGEMENT PROOF – a debtor has tiny or no property that a creditor can legally take to collect in the foreseeable future.

PRE-JUDGEMENT ATTACHMENT – a legal procedure which lets an unsecured creditor tie up property before obtaining a court judgment.

DEFAULT JUDGEMENT – If a consumer is sued and does not file papers in response to the lawsuit in the prescribed time limit, the plaintiff can ask the court to enter a judgement against the debtor and is an automatic loss of the case. A default judgment can be set aside but this is uncommon and circumstances must be notable to justify such a turn.

LIEN – a lien is a notice that a creditor has attached property. The consumer can't sell the property without paying off the creditor because the lien makes the “title” cloudy.

SECURED DEBT Property that is bought using the property itself as collateral on the loan is considered secured. Credit cards are considered unsecured but tax debt is considered secured.

What can a creditor do?

Creditors from secured debts might be healthy to obtain a judgement for repossessions. Mortgagors can depose and landlords can evict. Garnishment or taking of consequence is an option of any creditor. The decision to sue a debtor is usually based on the amount owed (usually over 0), the cost of getting it back, and whether there is a reasonable expectation that something can be collected.

If the matter can be sorted out with the mortal making the claim before it goes to court, it will be cheaper. If you lose in court, you risk having to pay the other side’s costs. Even if you concur that you owe the money but don’t concur on the amount, you can try to negotiate the matter before it goes to court. If you reach an agreement, you will need to submit an agreement as to judgment form in the court, which tells the court that there is no need to have the matter heard.

Some judgments can be fought by challenging their validity. For example, default judgments at times can be reversed by claiming the debtor was never served or was ignorant of the facts. Before reversal, however, you must back up the claim with facts. Judgments which include selected stipulations, can be reversed if the debtor can establish coercion or misrepresentation. Of course winning an appeal in a higher court can reverse a decision as well.

Payment of Judgments

Once a judgment has been issued, settlement might still be an option if the debtor and creditor can come to terms. This is often the case when dealing with a temporary judgment-proof debtor who will have assets freeing in the future. The creditor might want the debt cleared sooner and might be willing to settle.

Contrary to favourite belief, a judgment can be removed from a credit file by the creditor. This requires a clean amount of work and therefore the creditor would have to be motivated to do so in some way.

Readers will probably be interested to know Mike, the author of this article, also offers a free debt elimination mini-course via e-mail. You can enroll at Debt Free In 7.5 Years.

Student Loan Default – Student Loan Tax Offset (Defaulted Student Loan – Student Loan Treasury Offset)

What is a Treasury Offset?

Under this Treasury Offset Program, the Financial Management Service, a bureau of the US Department of Treasury will offset Federal and/or Say payments if a borrower fails to pay their obligation.  While the most common type of Federal payment offset is Federal income tax refunds, several other types, including social security benefit payments, are also eligible for full or partial offset. In other words, if a borrower has an outstanding debt and they have incoming social security benefits, this too can be subjected to the offset.

In addition to defaulted debts held by ED, defaulted loans held by guaranty agencies are also included in the process.

Other Federal and Say agencies also certify debts for offset, but Department of Ed has historically been responsible for the largest volume of offsets.  As a result, many tax professionals, and even the IRS, will automatically adopt that an offset has been requested by the Department of Ed when, in fact, it might have gone to some other Federal or Say debt.

State Payments

State payments (e.g., Say tax refunds), in addition to Federal payments, might be offset in the Treasury offset program.  Just recently the treasury was requested to offset both Federal and Say payments on out standing federal student loans.

What is a Treasury Offset?

The purpose of a Treasury offset is to recover the amounts for the Federal taxpayers without the cost of litigation fees. It was created to basically recover the unpaid debts arising from federally supported activities, which include student financial assistance.

Since 1986 the Department of Education has referred millions of defaulted student loan debts and grant claims to the Department of Treasury for collection by offseting against federal and/or state income tax refunds and any other payments authorized by law. The Department of Ed can request that Department of Treasury hold an offset to collect any Federal defaulted student loan debt or grant claim.  Once the Department of Educations refers a delinquent borrower to the treasury department these group of debtors are considered to be certified permanently as long as the statement is in an active defaulted position (outstanding).

What does it mean if I am certified?

Once Department of Ed certifies a defaulted statement for treasury offset, that statement will remain certified for the life of the defaulted equilibrise unless it is inactivated by law (e.g. active bankruptcies).  Once certified, borrowers might not refrain offset simply by making voluntary payments.  Borrowers might refrain offset by resolving the statement through satisfying their statement in full, settlement compromise (Partial pay-offs), completing the rehabilitation payment program, consolidation, or discharge by dispute.  In other words, if a borrower is not disputing the statement they would need to either pay the equilibrise in full or bring the statement back to a current status.

How can I check if I am certified for Treasury offsets?

There are several ways to go about checking if a defaulted loan holder is certified for Treasury offset. The most common route would be to contact Department of Ed directly; however in most instances the Department of Ed’s customer service call center will often refer a borrower to the assigned collection bureau currently holding the loan. A borrower is healthy to check with the collection bureau if they have been certified for the offset because the collection bureau has access to the same system as Department of Ed’s customer service representatives. As mentioned above, these agencies are notorious for falsely advising borrowers by twisting their word tracks in their favor. The collection agency’s main intent is to receive a commission from the Department of Ed for resolving the statement so it might not be the wisest route. The ideal route to receive an unbiased answer would be to contact the Treasury Department directly. Most defaulted student loan holders are unaware that the Treasury Department has designated a call center to solely service individuals certified for Treasury offsets.

Department of Education’s customer service number: (800) 621-3115

Treasury Department’s designated offset call center: (800)304-3107

Other things that you might want to know:

Are there different types of compromises?
Standard compromises are compromises where the borrower:

* Pays only the current principal and interest (waiver of projected collection costs/fees)
* Pays at least the current principal and half the interest (50%); or,
* Pays at least 90% of the current principal and interest balance

What is the Rehabilitation payment program?
Rehabilitation payment program is the process by which a federal bureau or a third-party given dominance by a Federal agency, assess the borrower’s financial situation to grant a payment arrangement.  Through this process at the Dept. of Ed and the agency’s discretion, the debtors will be granted to repay their student loans through installment arrangements (payments).  Only after the necessary documents have been obtained by Dept. of ED and the 3rd celebration bureau the borrowers can complete the number of consistent payments required in order to successfully rehabilitate.

Student Loan Default – Student Loan Tax Offset (defaulted student loan – Student Loan Treasury Offset)

. The origin of the concept of change is in HJR-192, the bill declared invalid the gold standard found. To the Federal Reserve fraud legal, unless the Congress a means to get out of debt and trade, and back in-law and … out of debt. A free man has no debts or obligations that would make him free. The actual law is based on the common law of the Ten Commandments were derived. The exchange is a method to get out of debt provided by HJR-192. The government would never have expected you to catch up on HJR-192 and use it as a remedy. The changes are also the UNCITRAL Convention, the Conference for the Development of International Exchange bound program. www.jus.uio.no with a debtor system, there are two books, one that money and the other pretends to be the blame. Since there is no money this day just debt might take a while to wrap your brain around the concept. To comprehend it a tiny better, can be used my debit card, make money, but it also works as a credit card. The next time someone asks whether it is debit or credit card, state loans still go through the charge, but you will not use your PIN number. How’s that for security. If you were created in 1933, with the creation of the Social Security Act, you state God created you? While that might be true for the banking system we do not want you, we want that the government has created a “Strawman” I only had a brain. To learn more about …

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How long will it take for a default judgement on a divorce to be completed?

sweet_sunshine_74 Asked:
How long will it take for a default judgement on a divorce to be completed?

I am in Florida, I think my * ex is in Oklahoma. I filed for divorce, the papers were served to him on Might 3rd and he had 30 days to respond. He did not respond, so my lawyer now takes the court papers a default ruling against him file. What will happen next? Do I get what I asked in the papers? How long will it take? Will the court or my attorney will notify me when all is finished? Do I get a sort of documentation showing that I officially divorced? In addition, there are two kids involved, I have custody (he is no contact in 4 months or more had), there is no common ownership (only some debt). And yes, I call my lawyer and spoke to the paralegal, but he did not / could give me no intent how long it would take would have. : (

Best answer:

Answer by flyfish_777
i think it might be 45 days after the default judgement….

What do you think? Answer below!

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