What is a default Judgement against you?

What is a default Judgement against you?

A default judgement occurs when a court makes a judgement against the defendant (in this case, you) without a court hearing. A default judgement can be made against you because: You failed to file a response to the originating court summons within the required time frame. This is usually 14 days.

What does it mean to have a default Judgement set aside?

If the court has entered a default judgment against you, the plaintiff can collect it like any other judgment. If you do not think the default judgment was appropriately entered against you, you must file a motion with the court asking the judge to “set aside” (void or nullify) the judgment.

How do you set aside a default Judgement?

To set aside a default judgment, you must first give a reasonable explanation for not filing a defence in the first place. For example, a reasonable explanation may be that you had indicated to the other party that you were in the process of filing a defence, and had requested additional time.

What happens if you ignore a default Judgement?

Default judgments happen when you don’t respond to a lawsuit — often from a debt collector — and a judge resolves the case without hearing your side. Next up could be wage garnishment or a bank account levy, which allows a creditor to remove money from your bank accounts to repay the debt.

Can a default Judgement be appealed?

If the court decides not to set aside the default judgment against you, you can appeal the refusal. However, the court will usually only change its decision if there is new evidence or information available.

What happens after a default?

What happens when you get a default notice? Your creditor will ask you to pay the full amount of the debt instead of paying the instalments you first agreed. Your creditor can also take further action after the account has defaulted, including: Passing the debt to a collection agency.