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Default Judgment Questions

Default judgments are binding judgment handed down by a judge in favor of one party when another party has failed to take action. Usually, a default judgment is granted after a defendant fails to respond to a summons or fails to appear before the court. The default judgment is a plaintiffs attempt to regain compensation that is owed by the defendant. Below are just a few of the more commonly asked default judgment questions that have been answered by Experts.

if I were to get a default judgment, would I be able to sell that default judgment to another person? If I can sell the default judgment to another person, what is the procedure?

A more common phrase for this action would be sending it to collections. The legal term for this is "assigning the judgment". While the debtor (the person owing the debt) will still be liable for the judgment, the person or entity that buys the judgment would be entitled to the payments. You can contact collection agencies and ask them if they would be interested in buying the judgment. Usually, a collection agency would want to look into the judgment before agreeing to buy it. Usually, this is done to see what type of job the debtor has or what assets the person has. You can get the appropriate documents that are needed from the collection agency if they choose to buy the judgment.

A default judgment states plaintiff was served on Dec 3, 2008 but was in default because answer was filed on Jan 5th, due to holidays. Was this late or is the date on the certified receipt sufficient to prove it was timely? Also, the complaint was filed by plaintiff on Oct 31, 2008 but not served until December, is that proper?

An Answer cannot be considered filed until the court clerk has received it and file stamped. The date that you mailed the Answer makes no difference. January 2nd was a week day and was not a court holiday, therefore the Answer was late. This means the plaintiff could apply for the default when the Answer was not file stamped on January 2nd.

Usually, the court will set aside default judgments due to the court not wanting to deal with them and would rather try the case based on its merits. If the court did enter the default judgment, you would have been served paperwork and you would have 30 days to appeal the order.

If you didn't file the appeal in the 30 period, there really isn't much that can be done at this point. However, if the court hasn't entered a final judgment, you can file a Motion to Set Aside the judgment and explain that there was a mistake that caused you to file the Answer late. More than likely, the court will set aside the judgment and let you defend your case.

What is the burden of proof for default judgment? Must liability be shown? In a situation where a defendant fails to answer and defend and damages are demonstrated by the Plaintiff, what grounds could a judge use to deny the default judgment? I live in Alabama.

There isn't a burden of proof when dealing with a default judgment. When a defendant fails to appear and defend, a default judgment is entered against them. This is under Rule 4 of the Alabama Rules of Civil Procedure. The plaintiff only has to show that the defendant was properly served and this can be proven by filing proof of service with the court.

The entry of a default is not a discretionary matter, so a judge cannot deny a default on any grounds. However, the defendant could file a Motion to Set Aside a default judgment under Rule 55(c) or Rule 60(b).

What is the penalty for a default judgment on credit card debt in the amount of $3000.00 What can the collectors do to legally collect?

A judgment holder would be able to collect $3000.00 plus any interest from the date of the judgment on a default judgment of $3000.00.

The collector can legally attach financial accounts. This means if the debtor has money in a bank account, the collector can get an order from the court that allows the collector to take the funds in the account. They can also take real estate or personal property and sell it to satisfy the judgment. Also, they can garnish wages up to 25%.

Having a default judgment means that you owe someone money and they have used the courts to assist them in gaining their money back. Collecting on a judgment could result in the loss of personal and real property in an attempt to satisfy the debt. If you find yourself in need of legal assistance concerning a default judgment, you should ask an Expert for guidance.

Ask a Lawyer

Tina
Tina, Lawyer
Category: General
Satisfied Customers: 8603
Experience:  JD, BBA Over 25 years legal and business experience.
4460311
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