Vacate a Default Judgment
When a judge decides that you owe money as a result of a lawsuit, the court will issue a piece of paper called a judgment. The judgment is an official document, in public records, telling the world that you owe this money. It is similar to being found guilty in criminal court.
If you are served with a lawsuit and do not respond, the court can enter a judgment against you “by default.” Similar to forfeiting a baseball game, when you do not show up to court after receiving a summons – you automatically lose.
Vacate a Default Judgment
A monetary judgment against you means that the case is over, that the time for presenting facts and disputes has passed and that the creditor has won the case against you. It means a judge has determined that you owe money to a creditor and legally you owe the debt.
A judgment gives the creditor additional rights that they may not have had prior to the judgment. For example, after obtaining a judgment, a creditor now has the right to ask you probing and personal questions about your sources of income, your bank accounts, your spouse’s income and other personal financial affairs. If you fail to answer these, a judgment creditor may ask the court to find you in contempt of court.
In addition, the judgment also gives the creditor the right to lien or foreclose on your real estate or take your movable property. In these cases, the creditor will send the sheriff to your house with a tow truck to take your car and sell it at auction to satisfy all or part of the judgment.
Worst of all, a judgment allows a creditor to garnish your bank account and your wages. This is always a shock and never a fun surprise.
Are There Defenses to a Default Judgment?
Yes! The attorneys at the Consumer Rights Law Group have successfully defended and vacated (set aside) many default judgments. If you have a judgment entered against you, contact the Consumer Rights Law Group today to learn about your rights and how we can help.
