Partition Settlement Agreement With Consent Judgment In Mecklenburg
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A consent judgment (also known as a consent decree or a consent order ) is a judgment made by a judge with the consent of all the parties . It is not strictly a judgment , but rather a settlement agreement approved by the court .
What is a Judgment in Default? As previously mentioned, under the Rules of Court 2012 (“the ROC 2012”), a Defendant shall enter appearance within fourteen (14) days from the date of service, failing which a Judgment in Default of Appearance may be entered against him/her.
A Summary Judgment application, pursuant to Order 14 Rule 1 of the Rules of Court 2012, is one of the most common interlocutory application. If successful, the Plaintiff would have a judgment against the Defendant(s) without the need for a trial. This would save the Plaintiff's (as well as the Court's) time, and costs.
It is basically an order or judgment based on a settlement or agreement of parties. In practice, normally, a consent judgment is entered after a successful mediation.
An action upon any judgment shall not be brought after the expiration of twelve years from the date on which the judgment became enforceable and no arrears of interest in respect of any judgment debt shall be recovered after expiration of six years from the date on which the interest became due.
A consent judgment is a settlement between two parties meant to end a dispute. In the insurance industry, consent judgments include an admission of the insured's liability, along with a covenant for the claimant: they agree not to execute or collect against the insured defendant.
“A federal consent decree must spring from, and serve to resolve, a dispute within the court's subject-matter jurisdiction; must come within the general scope of the case made by the pleadings; and must further the objectives of the law upon which the complaint was based.” Id.
If your husband refuses to leave the marital home, it's advisable to seek legal advice. You may need to file for a legal separation or divorce and request a court order for exclusive use of the home.
Both spouses can only remove the other from the marital home with a court order. So, if there is no court order in place, they both have the equal right to remain in the house throughout the separation period. But remember, living together is not considered a separate residence.
The Court finds that the parties have resolved the matters in controversy between them and have agreed to the entry of this Consent Judgment by the Court without trial or adjudication of any issue of fact or law, and without finding or admission of wrongdoing or liability of any kind.