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Default judgement

Discussion in 'Alternative Dispute Resolution' started by screenwriter9, Oct 8, 2007.

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  1. screenwriter9

    screenwriter9 Law Topic Starter New Member

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    I may enter for a default judgment and I'm sure the defendant’s attorney will enter a motion to vacate. Not sure what the judge will rule, the defendant was served properly and their lawyer asked for an extension. Even with the extension, they failed to answer on time. With this being said, I am told Judges will give defendants the benefit of the doubt and usually vacate the default judgment.

    If that happens, I read that I can ask for some kind of "conditions to be satisfied", such as a draft defense being filed first, money paid into court, or similar conditions. If this is true, what are some good things to ask for to get the defendant to take the case more seriously?
     
  2. seniorjudge

    seniorjudge Super Moderator

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    If the defendants have a lawyer, then there won't be a default judgment.

    Default judgments are strongly disfavored.

    Get those people into court and either win or lose in a fair fight.
     
  3. crismld

    crismld New Member

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    You must first ask for a hearing. You must provide the Judge with a very good and Valid reason as to why you did not answer lawsuit. If judge were to grant request. then you Have to answer the lawsuit. It is like starting all over again. The Judge isn't going to vacate the Judgment and tell you that you are off the hook.. That is not how it works.
     
  4. screenwriter9

    screenwriter9 Law Topic Starter New Member

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    While I have the thread going, I have a related question. If I were to win a judgment in a fraud case and the defendant ended up filing for bankruptcy, could I still collect? I know bankruptcy protects against most debts, but is fraud considered malicious and not protected?
     
  5. lwpat

    lwpat Moderator

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    No. The judgment can be discharged.
     
  6. fayfayfry1973

    fayfayfry1973 New Member

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    do not hijack!
     
    Last edited by a moderator: Oct 13, 2007
  7. Scooterdog

    Scooterdog New Member

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    Look at the states civil procedure, the judge has to follow it, or you have a federal case against the judge.

    Default's are how scum debt collectors usually win, so why not go for it?

    Let them try to get the default thrown out, it will cost a small fortune if you do it right(for them I mean), and you can have some fun doing it!

    Law is mostly procedure, and very few lawyers follow it. Most just do things "this is how we do it" and that's it. I have been smoking these shysters in Montana left and right on procedure and case law. They really seem lost when you turn the heat up on them.

    I recently won a case over a bad check that I wrote. Hell, I made some good money on bets that I would 1-admit that I wrote the check, 2win on procedure. EVERYONE SAID IT COULDN'T BE DONE! I filed my motion to dismiss on a Friday after noon, had the order Monday afternoon.

    Currently working on a tax sales case, they have until tuesday to answer. Already, the judge wants out of the case, the plaintiff has left town and has not responded, and won't. I told my buddy when we get our win, we are going to sue every low life public servant that tainted this case with their crockery.

    I hate cops and lawyers like no tomarow, but live to be in the court room trashing them as well. Both cry more than a 5 year old who just pinched his fingers in the door. They always look to the judge for help, which just ain't commin.
     

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