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Typically, a court's rules governing enforcement of default judgments include procedures for wage garnishments, attachment of bank accounts and seizure of assets. The plaintiff can usually pursue more than one of these enforcement mechanisms simultaneously.

How long does a judgment lien last in Montana? A judgment lien in Montana will remain attached to the debtor's property (even if the property changes hands) for ten years.

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.

In California, for example, a judge can vacate a default judgment taken due to mistake, inadvertence, surprise, or excusable neglect.Under that state's law, you can vacate a default if the judge believes you had a reasonable excuse for missing the original court date as well as a good defense to the lawsuit.

In effect, you're found guilty because you never entered a defense. Default judgments are sometimes called automatic judgments because of how fast they can happen. Next up could be wage garnishment or a bank account levy, which allows a creditor to remove money from your bank accounts to repay the debt.

Typically within a year or less you must file a motion asking the court to reopen your case. A motion can basically be a letter with a caption that spells out what you want the court to do.

A motion for default is made when a defendant fails to file a timely answer to a complaint/petition.If you were not served with the original petition/complaint, you can always file a petition to reopen the case.

Default judgments happen when you don't respond to a lawsuit often from a debt collector and a judge resolves the case without hearing your side.Next up could be wage garnishment or a bank account levy, which allows a creditor to remove money from your bank accounts to repay the debt.

You cannot appeal this kind of judgment and have a new trial until you vacate the default judgment, that is, until you have the judgment removed or erased. To vacate a default judgment, do the following:Get the form called Notice of Motion to Vacate Judgment from the small claims clerk.

When a default is entered, the party who requested the entry of default must obtain a default judgment against the defaulting party within 45 days after the default was entered, unless the court has granted an extension of time.

Montana Judgment After Default

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