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After filing a motion for default, you will get a hearing date and time from the court clerk. Although it is not a guarantee that the motion will be accepted, you at least will have a chance. At the hearing, the judge will decide to grant or deny the motion.
Enforcing a judgment against a defendant who does not pay If a defendant does not pay a judgment, the plaintiff can try to enforce the judgment by filing another lawsuit. For example, if the defendant owns several cars, the plaintiff can sue to have the car transferred to the plaintiff.
In almost every case after a default is entered, the plaintiff will submit affidavits and a proposed judgment to the court and the court will then enter the judgment without the requirement that any hearings be held. Some times this is NOT the procedure that should have been followed.
If it has been 30 days or less, you can get rid of ("vacate") a default judgment by filing a motion . This is a written request to the judge asking them to throw out the judgment. You will have to send a copy of the motion to the other party in the case, and then show up in court for a hearing .
Primary tabs. A default judgment (also known as judgment by default) is a ruling granted by a judge or court in favor of a plaintiff in the event that the defendant in a legal case fails to respond to a court summons or does not appear in court.
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If granted, the default judgment will be vacated and a new trial will be scheduled on the matter. In a county or district court in Texas, the deadline for a request for a new trial is 30 days from entry of the default judgment.
After the court enters a default or a default judgment against you, you can't take any action in a case until you have it set aside. You can ask the court to set aside your default or default judgment by filing a Motion and Affidavit to Set Aside Default.
According to Michigan law, your creditor has up to 6 years (from the date of your last payment) to collect on a debt, including obtaining a judgment on the debt. By getting a judgment, your creditor can pursue collections (likely a garnishment) almost indefinitely as long as they renew the judgment every 10 years.
If you are in default, the other side can request a judgment. 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.
Do Judgments Expire in Texas? Judgments awarded in Texas to a non-government creditor are generally valid for ten years but they can be renewed for longer. If a judgment is not renewed, it will become dormant. You can attempt to revive a dormant judgment in order to continue to try and collect the debt.

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