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Once a creditor has a obtained the judgment, they seek to collect the money owed under the judgment through various means including: garnishing wages, placing a lien on a debtor's bank account and withdrawing money from that account pursuant to a court order or placing a judgment lien on personal property that a debtor ...
When a creditor files a lawsuit against you, you are required to file a response with the court within 28 days from the day you are served with the lawsuit. If you fail to file a response, the creditor will likely get a judgment against you by filing a motion for default judgment.
On motion and upon such terms as are just, the court may relieve a party or his legal representative from a final judgment, order or proceeding for the following reasons: (1) mistake, inadvertence, surprise or excusable neglect; (2) newly discovered evidence which by due diligence could not have been discovered in time ...
If you do not respond in time, then you will have a default judgment entered against you. Also known as a Motion for Default, having a default judgment placed against you is a method used to expedite cases where you do not show up in court.
If the court issues a summons and the person charged with the violation fails to appear, the court may enter a default judgment against the person and require the person to pay the fine arising from the violation.
If you never knew you were being sued, and motion for default judgment is filed against you, you should respond with a Motion to Vacate Judgment, also known as a Motion to Set Aside Judgment.
In Ohio, a "default" judgment can be obtained in a civil lawsuit if one party fails to file an "Answer" to the Plaintiff's "Complaint", or a "Reply" to a Defendant's Counter-Claim. In order to get a default judgment, the Plaintiff in the lawsuit must first obtain valid service of process.
When a party against whom a judgment for affirmative relief is sought has failed to plead or otherwise defend as provided by these rules, the party entitled to a judgment by default shall apply in writing or orally to the court therefor; but no judgment by default shall be entered against a minor or an incompetent ...