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The judgment creditor may also seek to execute the money judgment against intangible property, such as bank accounts, accounts receivable, and other debts owed to the judgment debtor by third parties. The creditor must request that the clerk of the court who issued the fi fa follow this up by issuing a "summons in garnishment" directed against ...
Often, a certain additional time is required before a default judgment is permissible, and there may need to be additional notice to the defendant. Some states do not allow a default judgment to be entered against some defendants while other defendants are actively litigating the same case; [23] this is an application of the "one final judgment ...
a. "Six years from the date fixed for the making of the last payment or the maturity date set forth in the mortgage or the note, bond, or other obligation secured by the mortgage…except that if the date fixed for the making of the last payment or the maturity date has been extended by a written instrument, the action to foreclose shall not be commenced after six years from the extended date ...
An entry of default is the first step to obtaining a default judgment against a party, and allows someone to proceed in the action without further notice or input from the opposing party.
We've warned you about this before: If you rack up big credit card debts, it's perfectly legal for those credit card companies -- or the debt collection firms they sell the debts to after they've ...
The judgment summons cites the defendant to appear personally in court, and be examined on oath as to the means he has, or has had, since the date of the order or judgment made against him, to pay the same, and to show cause why he should not be committed to prison for his default. An order of commitment obtained in a judgment summons remains ...
As in federal court, the plaintiff may seek a waiver of service by mailing the defendant two copies a request to waive service of process along with a form provided by the court, and a prepaid envelope for return delivery. A Virginia defendant may return the waiver within 30 days, and will then be given 60 days from the date that the request ...
The filing of a declaratory judgment lawsuit can follow the sending by one party of a cease-and-desist letter to another party. [6] A party contemplating sending such a letter risks that the recipient, or a party related to the recipient (i.e. such as a customer or supplier), may file for a declaratory judgment in their own jurisdiction, or sue for minor damages in the law of unjustified threats.
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