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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Business Law
Satisfied Customers: 118192
Experience:  All corporate law, including non-profits and charitable fraternal organizations.
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I was wondering how I can go about getting a default judgment

Customer Question

I was wondering how I can go about getting a default judgment transferred to an actual "money judgment"?
Submitted: 8 years ago.
Category: Business Law
Expert:  Infolawyer replied 8 years ago.
You would need to prepare a proposed judgment and include a copy of the order granting default. An attorney should prepare it or have the pro se clerk provide a form to fill out.
Customer: replied 8 years ago.
I am sort of savy with some areas of the law and I want to do it myself. Can you give the wording for the petition I should file?
Expert:  Infolawyer replied 8 years ago.
I am going to see if a colleague can assist but these are forms you should get from the pro se clerk.
Expert:  Law Educator, Esq. replied 8 years ago.
Your previous expert has asked me to assist. Your previous expert was correct in that the clerk of court can give you the forms that you need to fill out. You need to fill out the order of default and the judment terms and file them with the court along with a motion for garnishment/seizure/liens to collect upon the judgment. The clerk will give you the forms or samples for you to follow.

Basically, the order has the case caption (court name/case name/case number) then states ORDER and under that you put that the matter was heard by the court and the date and "It is hereby ordered and decreed that judgment of default be entered in favor of the Plaintiff in the amount of $$$" You then sign it as "prepared by" and put a place for the judge to sign and a space that says "Entered" and to be signed by the clerk and the dates.

Then the motions have the same headings and you title them Motion for Seizure/Garnishment/Lien and ask the court to grant these specific things to specific bank accounts if you know them, property, employers. Once this is issued you then serve them on the various entities who must then comply.

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Customer: replied 8 years ago.
Sorry for the delay. My computer would not let me get e-mails yesterday. I have another question about this. I went to the court clerks office and they said they do not have any such form and that I need to prepare it myself. I don't want to get there nad have the first page wrong. I know, from your example, how to do the second page..but do I fashion the first page as a petition, a motion or what?
Expert:  Law Educator, Esq. replied 8 years ago.
The first page is the Order of Judgment, the second thing you file is the Motion for Garnishment/Seizure/Lein. The header of the document looks identical to the Order, the court name, case name/case number. Then under that you put Motion for Garnishment/Seizure/Lien and you need to then specify what you want to seize/garnish/lien, meaning you would need to know where the person works, where they own property, where they bank in order to have an order issued to those places. If you do not know specifically, then you put in the motion "wherever found through discovery" and then you will have to go through the process of issuing interrogatories to the defendant to ask specifically where the property and accounts and employment are. This is where going to your local library's law section would come in handy because they have books there that can walk you through the questions to ask.

Law Educator, Esq., Attorney
Category: Business Law
Satisfied Customers: 118192
Experience: All corporate law, including non-profits and charitable fraternal organizations.
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