You will lose any right to answer later, as well as the right to appeal the judgment. Pendroy today. Lisa K. Give your reasons why the Court should take it out of the Complaint. Motion to Transfer: This asks the Court permission to move the case to another Court. This can be a court in another County or a different type of Court. Give your reasons why the Court should let the case be moved. Say why service was not right. Motion to Stay or Dismiss Action : A Motion to Stay asks the Court to put the case on hold for a while, so that something else can happen.
A Motion to Dismiss asks the Court to throw out your case. Say why you want this. Where do I file? To learn where to file, hours, fax, mail, fees and fee waivers, go to Where do I file my lawsuit?
To learn how to serve papers, see How do I serve the defendant? Penalties come in the form of monetary sanctions, imprisonment, or court orders requiring payment of attorney fees for the filing party. An answer is a response to the claim filed against you. Once you are served with a summons and complaint, proper notice requirements are satisfied.
The summons will provide you with the deadline for filing an answer. If you do nothing, the party filing the lawsuit may ask the court to grant a default judgment. A default judgment typically gives the filing party everything requested in the lawsuit. If the court grants a default judgment against you, you may be able to ask the court to vacate it in certain circumstances. The most common reason for granting a request to vacate is where the plaintiff failed to satisfy proper notice requirements.
The opportunity to settle your case is always possible. However, settlement negotiations typically do not begin until both parties have responded to the lawsuit. The presentation of evidence permits both parties to assess their respective positions to determine whether appropriate settlement terms exist. Ignoring a lawsuit has serious implications. Looking from a new angle at what happens if a defendant does not pay a judgment, here's an especially tricky way they'll get money out of you: putting you into jail.
If the creditor can't legally access your money or possessions, they might instigate a debtor's examination, where they can ask you a bunch of questions. If you choose prison, you'll stay until you pay the bond — which will probably be the amount you owe.
So, don't forget to show up to a debtor's examination! Even if the creditor has done this numerous times — even if you know they can't win — they're just hoping you forget to show up one day. Regardless of your situation, whether you're willing to pay or are holding creditors at bay, remember that a judgment will accrue interest for as long as it's active. Five to seven years is pretty typical, but depending on your situation and location, your judgment may be active for 20 or more years.
That's a monstrous amount of interest — not to mention a heavy mental load. Don't forget that judgments go on your public record. Along with bankruptcy and tax lien, they're one of the types of court actions that have to appear on your credit report. It'll affect your credit score, and people won't be so keen to lend you money.
Judgments can also show up on background checks. In some cases, you need only wait for the judgment to expire for it to come off your credit report. But remember that a creditor can revive a judgment if the judgment hasn't been satisfied. So, you're wondering what happens if a defendant does not pay a judgment. In a way, time is your friend — but only if your creditor is forgetful.
File a response with SoloSuit and keep employers from finding out about your debt. The judgment should come off your credit report.
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