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Alabama Order Granting Default Judgment

Alabama Order Judgment

Name: Alabama Order Granting Default Judgment
Brand: US Legal Forms
Price: 59.00 USD
Rating: 4.68 (236 reviews)

Category:

Alabama Real Estate - Foreclosures

State:

Alabama

Control #:

AL-LR034

Format:

Instant download

Description Granting Default Order

This order grants a default judgment in favor of a Mortgagee, pursuant to Alabama Rule of Civil Procedure 55(b)(2), following failure of the Defendant failed to timely please or otherwise defend the foreclosure action.

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FAQ

A default judgment is a ruling granted by a court or judge.For example, when a defendant is summoned to appear before the court in a case brought by a plaintiff, but fails to respond to the court's legal order, the judge can rule for default judgment and thereby decide the case in the plaintiff's favor.

Generally, if a defendant fails to respond to a complaint you can get a default judgment after 45 days. However, the court system is very slow these days and it can take several months to get the court to issue the default judgment.

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.

After you notify the defendant of the judgment, you can begin to enforce the judgment. Your judgment might be for money, repossession, eviction, foreclosure, or any number of things. In any case, your rights at this point would be the same as if you had gone to trial and won.

What happens next? When you file your Motion and Affidavit to Set Aside Default, you will get a hearing date and time from the court clerk. At the hearing, the judge will grant or deny the motion. If the judge grants your motion, the default or default judgment will be set aside, and the case will move forward.

Once a default is entered, the defendant is no longer able to file a response or otherwise participate in the case. When the default is entered, you may also ask the court to enter a judgment in your favor.

First, you can ask the court to set aside the default judgment and give you an opportunity to contest it. Next, you can settle the debt with the debt buyer for an amount less than what the default judgment is for. And finally you can eliminate the default judgment completely by filing for bankruptcy.

A default judgment means that the court has decided that you owe money. This a result of the person suing you in small claims court and you failed to appear at the hearing.

Alabama Order Judgment

Description Granting Default Order

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FAQ

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