Judgment Note Formed Without Looking At The Facts In Wake
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FAQ
When opposing a properly supported motion for summary judgment, a party must respond with specific facts showing that there is a genuine issue of material fact and that the moving party is not entitled to judgment as a matter of law.
Completing the “additional facts” section of the separate statement, then the response to the defendant's separate statement, and then the memorandum of points and authorities is, in my opinion, the most effective method of opposing a summary-judgment motion.
For each numbered paragraph in the complaint, type "Admitted" if you admit the allegation or "Denied" if you deny the allegation. If you don't have enough information to know whether the fact is true or false, respond with "Lack enough information to respond to Plaintiff's allegations."
1. Judgments should be as concise as reasonably possible; 2. Keep sentences short. Never use two words where one will do; 3. Beware subordinate clauses; 4. Keep the number of authorities you cite down to what is necessary. You are not writing to show how clever or learned you are; 5.
Adjudicative facts are simply the facts of the particular case. Legislative facts, on the other hand, are those which have relevance to legal reasoning and the law-making process, whether in the formulation of a legal principle or ruling by a judge or court or in the enactment of a legislative body. . . .
Courts also take judicial notice of so-called legislative facts—those facts on which no one presents evidence but that inform the decisional process. These are the kinds of facts that undergird policy judgments or developments in constitutional law or statutory rights.
In a debt collection lawsuit, a judgment is a court order that allows the debt collector to use stronger tools, like garnishment, to collect the debt. A judgment is an official result of a lawsuit in court.
After a default has been taken, a judgment can be taken by either submitting documentation with a declaration as to the truth of the documents, or by having a prove-up hearing, where testimony is taken and documents are submitted. So the answer is yes. They can't execute the judgment without finding you, though.
Most creditors will file the release of judgment within 30-60 after you finish paying them. What if I need the judgment released immediately (“I'm supposed to close next week!”)? You can ask them to give you the release sooner. They might do it; they might not.
