How can a defendant avoid a default judgment

At the hearing, the judge will probably allow both parties to make a statement describing their position. Because you filed the motion and made the request to set the default judgment aside, the judge might ask you to go first. Depending on your situation, you will explain to the judge that you were never served with the summons and complaint or, if you were served, why you failed to do anything to defend yourself. If you have a defense in the case, you might also want to describe your defense.

The judge will probably ask you and the other side questions. Should I take an order to hearing for the judge to sign? No, if your matter is in the justice court. The court will issue an order setting aside your default judgment if you win. Yes, if your matter is in district court. Remember that if the judge grants your motion, your wages may continue to be garnished and the money already garnished will not be returned unless you property file and serve an order signed by the judge.

The Self-Help Center does not currently have a form for this order, so you will have to draft an order that sets aside the default judgment and stops the execution or garnishment. Be sure to take the order to your hearing with you. If the judge grants your motion, ask her if she will sign it. Once the order is signed, you must prepare, file, and serve the Notice of Entry of Order as instructed. If the judge grants my motion, what happens? If the judge grants your motion and sets aside the default judgment, any money taken from you should be returned unless the judge orders something different.

The case is not over though. Once the judgment is set aside, the case starts up again. This website is intended to provide general information, forms, and resources for people who are representing themselves in a Clark County court without a lawyer. Summary: Deadlines to file an Answer in court range from days. If you've been sued for a debt, use SoloSuit to respond in just 15 minutes and win your lawsuit.

Getting served with a debt collection lawsuit is typically a stress and anxiety-inducing event for many people. Your mind may be inundated with questions and concerns. Generally, most states afford a defendant between 20 and 30 days to file a written response to the debt collection lawsuit though the filing deadline is actually much shorter in some states.

Here is an overview of the deadline to file an Answer in each of the 50 states. As you will see, there is no uniform response time, though, most states provide the defendant between 20 and 30 days to respond. The information on this page is intended to provide an overview of what is a very complex and specialist area of law. It is not a substitute for obtaining legal advice that is tailored to the facts of your particular case and the needs of your particular circumstances.

For further advice or assistance, please do not hesitate to contact us at dispute berrysmith. Every minute is precious. A lawsuit is nothing more than someone claiming something against you. A phone call to the credit card collector or their lawyer will not protect your rights. The only way to protect yourself is to file an answer to the lawsuit.

Anything less than that requires that you trust the debt collector to hold off on a default while you make a deal. For some people, defending the case is the right move. For others, bankruptcy or other settlement strategies work better.