How to Avoid a Default Judgment
March 18, 2016 - Categories: Legal Articles
If you have had a lawsuit filed against you, it is important that you do not ignore it. Failure to respond in a timely manner will likely result in a default judgment being entered against you. A default judgment means that the party that filed the lawsuit against you “wins” and the court assumes that everything alleged in the lawsuit is true. The party with a judgment is allowed to proceed with collection efforts against you. Some of the most common collection tactics used by judgment creditors include garnishment of your bank account and/or wages. Thus, it is important that you do not allow a default judgment to be entered against you.
If you failed to file an answer or objection to the claims against you in the lawsuit, a default judgment notice is sent to you either by the court clerk or the prevailing party. If you receive such a notice, you may still have the opportunity to fight it. Many times an individual is not aware that a default judgment was entered against them until they receive the notice.
If you are served with a notice of default judgment against you, we can help you seek to vacate or set it aside. This requires a motion and affidavit to set aside default to be filed in the court that issued the default judgment. To prevail, you must have a good reason that justifies why the court should vacate the judgment. Our next blog discusses the reasons a court will usually vacate a judgment.
The best way to prevent a default judgment from being entered against you is to seek legal help as soon as you are served with the lawsuit. We can help you understand all of the defenses you have available to you in the lawsuit, as well as ensure that the party suing you has the right to do so. Filing any type of response in the lawsuit will prevent a default judgment from being entered against you as well as provide time to negotiate with the other party.
If you are considering filing suit for a money judgment or other remedies for any reason, in Michigan circuit, district, or small claims court, or if suit has been filed against us please contact us for a free civil litigation consultation.