Judgment Note Formed Without Looking At The Facts In Fulton
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A defendant can challenge the entry of default by filing a motion pursuant to Federal Rule of Civil Procedure 55(c), which allows the court to set it aside for “good cause” shown. Under certain circumstances, the court is required to do so.
This can happen if you didn't receive the original summons due to an outdated address or improper service, or if you missed a court date. If a judgment has been entered against you without your knowledge, it's important to act quickly.
Most Courts, including California, put strict time limits on when that motion may be filed (six months from entry of default in California though this time limit may be altered based on various factors) and the longer the period of time from entry of default, the harder it is to have the Court remove it.
If you do not think the default judgment was appropriately entered against you, you must file a motion with the court asking the judge to “set aside” (void or nullify) the judgment. If the judge grants your motion, the case starts back up again.
For that purpose the judgment debtor should approach the plaintiff/judgment creditor or his/her/its attorney to obtain the written consent to rescission of judgment. There is however no requirement in law that obliges a plaintiff/judgment creditor to give a consent to rescission of judgment.
As further bad news, default judgments do not simply vanish. The lien of a default judgment lasts five years and may be easily and repeatedly revived and transferred to other counties or states.
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In most cases, all of the following must apply for you to be judgment proof: your debt is all unsecured. your income can't be garnished. all of your property is protected by exemptions (you don't own anything with a lot of value, like a house or vehicle with equity, or household items), and.
Am I judement proof? You are judgment proof if: All of your income is exempt: you do not have any income that companies are allowed to take from you unless you agree to give it to them, AND. You do not have any assets or property that companies are allowed to take from you unless you agree to give it to them.
