1. If the judge does not grant the motion for a new trial, you can always appeal that denial and the dfaukt judgment. The problem with that is the only evidence supporting your claim in th record will be the evidence you admit at the hearing for Motion for New Trial. If the judge denied the Motion and you do not appeal, then yes you have to pay it twice because they have a judgment. 2. Yes, a receipt would definetly call the judgment into question. The problem is with a default judgment, you did not answer the law suit. Some states, like Louisiana, do not like to vacate judgments a whole lot because they feel you should just answered the suit and brought up your defenses, instead of just ignoring the lawsuit. Other states may be more lenient. As a side note, usually, you only have 7 days, not including holidays to file Motion for New Trial. So, if you had a judgment against you, you need to file that soon if the 7 days is not up.
1*Even though you have a receipt showing it's paid? Are you saying the judgment voids the receipt? 2*Seems to me many if not most default judgments do not result from ignoring a suit. 3*Most times folks never know within 7 days there was ever a judgment. NOTES: A* If a default judgment is entered against me for a $3000.00 bill what do I owe the money for?Is the $3000.00 for the debt or is it for the judgment? B* Does the judgment create a new debt therefore the reason I have to pay the $3000.00 twice? BUDGET HOMES CO. 1. If the judge denied the Motion and you do not appeal, then yes you have to pay it twice because they have a judgment. 2. instead of just ignoring the lawsuit. 3*As a side note, usually, you only have 7 days, not including holidays to file A Motion for A New Trial. So, if you had a judgment against you, you need to file that soon if the 7 days is not up. rocket1977 =====================
A judgment is a lot different from swiping a card. It does not matter how many times you pay a debt, if someone gets a judgment against you, you have to pay it. Its the order of the court. Your best bet is not to ignore the lawsuit so you can fight the suit and show its already paid.
Your best bet is not to ignore the lawsuit so you can fight the suit and show its already paid. rocket1977 ==================== And how do you do that when most times you were never even aware of a suit in a default judgment situation. *********BUDGET HOMES CO.**********
The only way they can geta judgment against you is if you are served with a lawsuit either personally or domiciliary. That means either you or a member of your household, who is of suitable age and discretion, gets served with the lawsuit. Service on anyone else is ineffective, and the judgment would be able to be vacated due to a lack of proper service. In other words, you should always be aware of a suit to avoid a default judgment.
Then why are there so many cases posted on this board where in the person never knew anything about a suit or a judgment until well after the fact?
I have no clue. I do know that in Louisiana, there is no way a person should not know of a suit unless they were not served properly. Either that or a member of the household who was served did not tell them about it.
