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-   -   Default Judgement Trial (https://www.askmehelpdesk.com/showthread.php?t=250019)

  • Aug 17, 2008, 10:11 PM
    Tbear966
    Default Judgement Trial
    I actullay have a few questions concerning a default judgement trial. I was served with papers saying a judgement was being sought and it is a couple of states away from where I live. It said if I did not appear a judgement would be issued against me. However I received a thing in the mail from the magistrate saying it has been scheduled for a default judgement trial and both parties are required to attend. First what kind of trial is this? Secondly, like I stated this is a about 200 miles from where I live and I am unemployed right now and do not know how I woould even get there so is my attendance absolutely required? What can happen from this? I have never had to deal with anything like this before and have never been in any kind of trouble so I am sort of nervous about this whole thing.
  • Aug 18, 2008, 02:10 PM
    this8384
    I don't see how they can schedule a "default judgment trial" when a default judgment is only entered when the defendant does not appear for the trial.

    Yes, you need to appear otherwise it will be a default judgment trial.

    And as Judy said, why are you being sued out-of-state? What are you being sued for?
  • Aug 18, 2008, 04:09 PM
    Tbear966
    Quote:

    Originally Posted by JudyKayTee
    Both lawyers have to appear or both parties have to appear? Do you have an Attorney?

    If you don't appear there will be a Judgment against you because you will not present a defense. Is it your debt and do you have a legal defense?

    The venue - the place where a case is heard - is the residence of the Defendant. Why are you being sued in another State?

    Would need to know more about the document and what it says as well as which State.

    It is in Georgia in Gwinnett county. I received the court papers that said I did not have to attend. That if I didn't they would enter a judgement against me. Now I have received this thing from the magistrate court saying it has been scheduled for a default judgement trial and both parties are required to attend. As I stated earlier in my original question I am currently unemployed and do not know how I would be able to get there. I do not have an attorney. It is in regarsds to an old debt I had tried to settle year ago but no arrangements I offered were ever good enough for them to accept.
  • Aug 18, 2008, 04:56 PM
    JudyKayTee
    Quote:

    Originally Posted by Tbear966
    It is in Georgia in Gwinnett county. I received the court papers that said I did not have to attend. That if I didn't they would enter a judgement against me. Now I have received this thing from the magistrate court saying it has been scheduled for a default judgement trial and both parties are required to attend. As I stated earlier in my original question I am currently unemployed and do not know how I would be able to get there. I do not have an attorney. It is in regarsds to an old debt I had tried to settle year ago but no arrangements I offered were ever good enough for them to accept.


    Okay, what they accept or don't accept is up to them - them being the creditor.

    It would appear that you were served in the wrong State. Isn't that an issue?
  • Aug 18, 2008, 07:57 PM
    noI won the war
    Comment on JudyKayTee's post
    I won the war and it is over. Go on giving bad advice, I don't care. Told students to cease fire lol

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