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jbrlaw, Attorney
Category: Bankruptcy Law
Satisfied Customers: 269
Experience:  Creditors' rights lawyer involving collections, foreclosures and bankruptcies for almost 19 years.
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What comes next after entry of default

Resolved Question:

what comes next after entry of default
Submitted: 9 years ago.
Category: Bankruptcy Law
Expert:  jbrlaw replied 9 years ago.
Very few facts were provided, but I will try to answer.

Assuming this is referring to a default of a lawsuit, the plaintiff then seeks a final judgment (usually by waiting a certian period of time). If the judgment is not challenged for a lengthy period of time (usually 30 days or more), then the plaintiff may file a writ of execution to execute on the defendant's assests (if the judgment is for a sum of money).

If the default is with respect to a mortgage foreclosure, then the writ is to force a sheriff's sale of the property.

The defendant may file a motion or petition to open or strike the judgment if certain facts exist.

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Please note that I may not be licensed to practice law in your jurisdiction. As such, my above comments shall not be construed as legal advice and shall not be deemed to form an attorney-client relationship.

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