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Default judgment is a binding judgment in favor of either party based on some failure to take action by the other party. Most often, it is a judgment in favor of a plaintiff when the defendant has not responded to a summons or has failed to appear before a court of law.
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 ...
In law, a motion to set aside judgment is an application to overturn or set aside a court's judgment, verdict or other final ruling in a case. [1] [2] Such a motion is proposed by a party who is dissatisfied with the result of a case. Motions may be made at any time after entry of judgment, and in some circumstances years after the case has ...
The judgment was granted for $392,987 — the same amount the contractor said it was short-changed — by the assistant clerk of Buncombe County Superior Court on Dec. 22.
Default judgment: If the defendant fails to plead or otherwise defend against the action, a default judgment may be entered. [90] If the plaintiff's claim is for a fixed amount of money, then the plaintiff can request that the clerk enter judgment for that amount along with costs against the defendant. [91]
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.
A deficiency judgment in real estate could have lasting impact on your credit and finances. ... Say a mortgage borrower in default owes $200,000 on a loan for a home valued at $190,000. The ...
When the defendant is served but does not answer the legal pleadings, the plaintiff may seek a default judgment by application to the court. If the divorce is started with a "Summons with Notice" then the grounds will either have to be proven by plaintiff's affidavit, or by testimony at an inquest if the divorce is uncontested or to be granted ...
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