Log in

View Full Version : Motion to defaul on judgement


cblaisdell
Feb 21, 2008, 08:57 AM
I received a civil summon in Dec. The attorney I saw told me to do nothing since I was at fault and I would be wasting the courts time. She told me I would receive something else in the mail which I now have ( Motion for entry of default & Motion for default judgement) There is nothing on this that tells me what I should do next or any time frame? The original attorney I spoke with will not get back with me. Please help and tell me what I should be doing now.

progunr
Feb 21, 2008, 09:26 AM
Because you did not show up to defend yourself, they obtained a default judgment.

All that does is confirm you owe the money. You and they already knew that.

Now, they will have to decide what steps to take to try to collect the money.

They can garnish wages, levy personal property, levy bank accounts, just to name a few.

Had it been me, I would have at least shown up to attempt to defend myself, and to try to negotiate a lower settlement.

You may have the option to appeal, but if you are truly guilty, it probably wouldn't be worth it as the fee to appeal is usually around $100.00

Good Luck!

ScottGem
Feb 21, 2008, 09:40 AM
I agree with your progunr. You NEVER ignore a summons. All that does is hand them a judgement. I would contact the court and see if its too late to fight the judgement. The court clerk should advise you what you options are.