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Once a default judgment has been entered, a creditor can then use it to seek to garnish your wages and other property. In Mississippi, a default judgment acts as a lien against property you have in any county where the judgment has been properly entered. What happens when a debt collector sues you in Mississippi? msdebthelp.com ? what-happens-when-a-debt-coll... msdebthelp.com ? what-happens-when-a-debt-coll...
An order to show cause (O.S.C.), is a court order or the demand of a judge requiring a party to justify or explain why the court should or should not grant a motion or a relief. order to show cause | Wex | US Law | LII / Legal Information Institute cornell.edu ? wex ? order_to_show_cause cornell.edu ? wex ? order_to_show_cause
Discussing the discovery rule, the court held that causes of action accrue upon the discovery of the injury, not the discovery of the injury and its cause.
A default is a failure to perform a duty in legal proceedings. A default judgment is binding, and the defaulting defendant may not litigate his case or present any evidence. A civil action default judgment will grant the amount of relief sought in a plaintiff's complaint.
Under Rule 41 of the Federal Rules of Civil Procedure, a plaintiff may voluntarily dismiss its claim ?without prejudice? prior to service by the defendant of an answer or motion for summary judgment, whichever occurs ?rst. ?IT AIN'T OVER TILL IT'S OVER!? ; RULE 41(a)(1) VOLUNTARY ... linkedin.com ? pulse linkedin.com ? pulse
Rule 55 - Default (a) Entry. When a party against whom a judgment for affirmative relief is sought has failed to plead or otherwise defend as provided by these rules and that fact is made to appear by affidavit or otherwise, the clerk shall enter his default. (b) Judgment.
Rule 81 requires use of a special summons which commands that the defendant appear and defend at a specific time and place set by order of the court and informs him or her that no answer is necessary.