Montana Amended Judgment After Default
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FAQ
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.
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.
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.
Like other kinds of judgments, default judgments will be enforceable for a period of years set by law.Unless the defendant tries to discharge the judgment debt by filing for bankruptcy, the cloud of court-authorized actions to enforce the default judgment may well hang over the defendant's head for decades.
The danger of allowing a default judgment against you is once this occurs the debt buyer can garnish your wages and your bank accounts.If you don't submit a written answer to the lawsuit the court can enter a default judgment giving the debt buyer everything they are asking for.
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.
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.
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.
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.