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What Is A Default Judgment and What Can I Do?
Filed Under (Credit Reports) by Eileen Loveman on 01-03-2010
A default judgment is a judgment placed against you by a court of law by some who claims you owe them money. It can be a corporation, business, or someone can file personally against you if you have borrowed money from them.
A judgment is the only recourse a creditor has against a debtor to secure they will be repaid. A judgment placed against you will affect your credit rating and do you considerable harm when applying for credit. It will also appear on your credit report with the three major credit reporting agencies.
The only time a default judgment is claimed against you is if you did not show up in court to contest or confirm this claim. If you were not aware of a judgment being placed against you, there are laws in place to protect you. You do have certain rights to enable you to have the judgment vacated or removed.
A judge is the only one with the authority to have a judgment vacated. If you feel the information used to place a judgment against you is incorrect, you can begin the process to have the judgment vacated. Keep in mind you cannot schedule an appeal or apply for a new trial until this has been done.
There are several simples steps to begin the process. To vacate a judgment, go to the local small claims court to ask the clerk for a “Notice of Motion to Vacate Judgment.” You will pay a nominal fee, which differs from state to state. This form MUST be filled out within thirty days of receiving your Notice Of Judgment so that it is timestamped and filed with the proper court for evidence.
A clerk will timestamp the paperwork, set the date and time in which you must appear. The clerk will notify your accuser as well. If you were not aware of the Notice of Judgment filed against you, the law also states you have 180 days to file a Notice of Motion to Vacate Judgment. A judge may consider your circumstances, but you have to appear before the court to be heard.
You can ask the court to postpone the trial or ask for a continuance in order for to gather evidence for your trial. Some circumstances are taken into consideration.
If the judge denies your request to vacate the default judgment, you have 10 days in which to file an appeal.
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