A default judgment is when a court rules against a defendant because they didn’t respond to a lawsuit or make an appearance in court. This can occur to ensure that the court proceedings can continue and reach a resolution without delay, and the plaintiff can receive damages.
If you’ve received a notice of default judgment, it will state that you lost the case because you didn’t respond or show up for the lawsuit. You might wonder how you’re supposed to answer this notice or if you can challenge it.
A default judgment is to be taken seriously. It can impact your finances, credit rating, and business, so you want to deal with it promptly to minimize your risks. You can challenge it, as long as you know how to do so effectively.
Read the rest of this article to gain clarity on notice of default judgments and how to handle them.
What Can You Do if You Receive a Default Judgement?
If you’ve received notice of default judgment, it can be a stressful experience, especially because you might wonder what you should do to respond or challenge it.
Here is what you will have to do.
Check the Default Reason
You want to get all the information you can about the judgement and why it was made. Read the notice closely. Usually, default judgments occur because you didn’t receive the lawsuit notice or there was an error in the paperwork.
If you didn’t receive the notice of default judgment, you might wonder what evidence you can show the court to prove it. You will have to inform the judge that you didn’t receive a copy of the paperwork and explain how you were made aware of the lawsuit. For example, maybe you were told your wages would be garnished to cover damages to the plaintiff, which alerted you to the notice of default judgment.
To help your case, you should get a copy of the affidavit of service, a statement that explains how you were sent the lawsuit notice. You can get one from the clerk’s office, which will help you see what error is responsible for you not receiving the paperwork, such as an incorrect postal address.
Gather Evidence
If you need to challenge the default judgment, you should collect as much evidence of the case as possible. This can be tricky, but a lawyer can help you.
File a Motion to Set Aside
You might be able to file a motion to set aside the case ruling, such as if there was a mistake or you have discovered new evidence to help your case.
The motion to set aside is a formal written request that you send to the court. It needs to include appropriate documents that show evidence of why you didn’t respond to the papers you were supposed to have received. You’ll have to find out how to format the request, as this will vary in different states.
You might have to attend a court hearing if your motion to set aside is granted. During a hearing, you’ll get a chance to present your argument.
Complete an Affidavit
It’s common to have to include an affidavit with your motion to set aside, as this will help the courts to understand why your defence wasn't filed before you received a notice for the default judgment.
You’re more likely to need an affidavit if you weren’t served in the first place, you didn’t receive any notices, or if there was neglect involved in your case.
In this document, you’ll have to explain why there was a delay in your response and include details of your defence.
What Makes a Court Set Aside a Default Judgment?
You have to work hard to ensure the court will set aside a default judgment. It’s crucial to be able to successfully defend the claim that was made against you.
You should include a statement when applying for a motion to set aside the judgment that explains your defence. Include facts so that your argument is persuasive.
This will make the courts more likely to grant your request.
How Can a Lawyer Help You with a Notice of Default Judgment?
If you have received a notice of default judgment, you’ll want to get in touch with a professional lawyer immediately. They will help you to navigate the stressful situation and assist you in removing the judgment.
Although finding a lawyer can be stressful and time-consuming, this isn’t the case with ContractsCounsel, an online legal network that connects vetted lawyers with clients requiring assistance with their notice of default judgment.
A lawyer will help you in various ways from the start of the process all the way through so you will have peace of mind knowing you have a professional with expertise fighting for your case.
After hiring a lawyer, they will help you by:
- Explaining the notice of default judgment and if it can be stopped.
- Checking if the judgment is valid, such as if you were served correctly.
- Identifying deadlines for challenging the judgment so you don’t miss your opportunity.
- Filing a motion to set aside the default judgment. They will know what evidence and facts to include to strengthen your request.
- Drafting and completing all the paperwork properly so that you don’t miss anything, especially since mistakes can derail your case.
- Representing you in court hearings.
- Negotiating to settle or reduce damages you owe.
- Preventing wage garnishment and other enforcement actions.
- Protecting your rights throughout the process.
- Helping you to avoid notice of default judgments in the future.
Do you need to hire a lawyer for a notice of default judgment?
If you’ve received a notice of default judgment, it can be stressful but don’t panic! You can deal with it effectively and promptly by hiring a lawyer on ContractsCounsel. You’ll work with a vetted, experienced lawyer on the platform with expertise and skill to help you navigate the situation and get a favorable outcome.
