A couple of judgment questions Court Clerk just to me that if the defendent (the original creditor) fails to show up for my motion to set aside law suit that it will just be dismissed. Does this sound correct?? Can the original creditor tell the CRA's to stop reporting a judgment? Thanks in advance for any help.
Bobcat, I can help with one of the questions. As a general rule, when one party doesn't show up for court the judge will first make a note of it for the record. Then, he/she will turn to the other party, swear you in, and then ask you to very breifly state why they should grant your request. VERY BREIFLY-like 1 sentence - give the reason. The judge will so note it and, issue a finding in your favor. Most state laws require a judge to make some minimal finding before issuing a decision by default.
If a c/a is threatning to get a judgment against me, do they have to notify me of the time/date??? The letter just stated we will send you validation or a copy of the judgement against you???
What is a default judgement vs judgement mean to me? I really think they are using scare tactics, but I want to do as much research as possible just in case?
A default judgement occurs when the defendant does not show up for court. I.E. You sue collection acgency ABC Inc. They are served, but don't show up. Well they certainly can't defend themselves, so the judge will automatically rule in your favor.
