Tennessee Sample Letter regarding Corrected Default Judgment
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How to fill out Sample Letter Regarding Corrected Default Judgment?
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FAQ
Specifically, Rule 69.04 of the Tennessee Rules of Civil Procedure provides that: Within ten years from the entry of a judgment, the creditor whose judgment remains unsatisfied may file a motion to extend the judgment for another ten years.
RULE 60. Clerical mistakes in judgments, orders or other parts of the record, and errors therein arising from oversight or omissions, may be corrected by the court at any time on its own initiative or on motion of any party and after such notice, if any, as the court orders.
6.01: By statute, "The time within which any act provided by law is to be done, shall be computed by excluding the first day and including the last, unless the last day is a Saturday, a Sunday, or a legal holiday, and then it shall also be excluded." Tenn. Code Ann. § 1-3-102.
First, the moving party must show that the default was not the result of willfulness. Second, the party must show that it has a meritorious defense. Third, the setting aside of the default judgment must not prejudice the opposing party.
RULE 55. DEFAULT. No judgment by default shall be entered against the state of Tennessee or any officer or agency thereof unless the claimant establishes his claim or right to relief by evidence satisfactory to the court.
Once a judgment lien is created by registration as provided in § 25-5-101(b), it will last for the time remaining in a ten-year period from the date of final judgment entry in the court clerk's office.
A participant meets the Rule of 60 if his or her age plus full years of service equal at least 60 and he or she either: (i) is at least age 50 with at least five full years of service; or (ii) is under age 50 with at least 20 full years of service.
RULE 62. Except as otherwise provided in this rule, no execution shall issue upon a judgment, nor shall proceedings be taken for its enforcement until the expiration of 30 days after its entry.
