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If the defendant doesnt respond within 14 days, the court automatically makes an order requiring the defendant to pay the amount claimed. This is known as a default judgment.
What Happens After the Filing of a Motion for Default Judgment? After the motion for default judgment is filed and served upon the defendant, the defendant has an opportunity to respond. The defendants response should state a valid reason why they didnt respond within the 20 day period to respond to complaints.
Aim to Pay 50% or Less of Your Unsecured Debt If you decide to try to settle your unsecured debts, aim to pay 50% or less. It might take some time to get to this point, but most unsecured creditors will agree to take around 30% to 50% of the debt. So, start with a lower offerabout 15%and negotiate from there.
Generally, a default allows you to obtain an earlier final hearing to finish your case. Once the default is signed by the clerk, you can request a trial or final hearing in your case.
An order of default is a court order saying that one party (usually the plaintiff) has won the case, and the defendant has lost, because the defendant did not participate in the case.
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Of course, even where default judgment is entered, that is not necessarily the end of the matter. The defendant may be able to have the judgment set aside if it can persuade the court that it has a real prospect of successfully defending the claim or there is some other good reason why the judgment should be set aside.
After a motion for default is filed it means you have a judgment entered against you. At this point, you must begin responding and attempt to have the court set it aside. This is truly your only hope to begin fighting the debt once again and to avoid wage garnishment.
An entry of default is the first step to obtaining a default judgment against a party, and allows you to proceed in the action without further notice or input from the opposing party. An entry of default can come in two forms, an entry by the clerk or an entry by the judge.
Once the court has entered a judgment, your creditor can collect the judgment by garnishing you. This lets the creditor take the money directly from your bank account or paycheck. Your creditor might also legally seize your property.
How to Settle a Judgment Find the judgment creditor. Create a hardship letter. Negotiate. Write a Release of Judgment (RoJ) Transfer Money and Get Release of Judgment (RoJ) Signed. File Release of judgment (RoJ) in the correct county.

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