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Alabama Motion for Default Judgment for Failure to File Answer

Motion For Default Judgment Alabama

Name: Alabama Motion for Default Judgment for Failure to File Answer
Brand: US Legal Forms
Price: 59.00 USD
Rating: 4.75 (211 reviews)

Category:

Alabama Civil Procedure - Default

State:

Alabama

Control #:

AL-R28

Format:

Instant download

Description

This is a motion for default judgment against a defendant for failure to file an answer within the required time after the service of a complaint in Circuit Court.

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FAQ

Typically, a court's rules governing enforcement of default judgments include procedures for wage garnishments, attachment of bank accounts and seizure of assets. The plaintiff can usually pursue more than one of these enforcement mechanisms simultaneously.

Accept the judgment. Settle the judgment for less. Challenge the judgment. Pursue debt relief.

Generally, if a defendant fails to respond to a complaint you can get a default judgment after 45 days. However, the court system is very slow these days and it can take several months to get the court to issue the default judgment.

In order to vacate a judgment in California, You must file a motion with the court asking the judge to vacate or set aside the judgment. Among other things, you must tell the judge why you did not respond to the lawsuit (this can be done by written declaration).

What happens next? When you file your Motion and Affidavit to Set Aside Default, you will get a hearing date and time from the court clerk. At the hearing, the judge will grant or deny the motion. If the judge grants your motion, the default or default judgment will be set aside, and the case will move forward.

When a default is entered, the party who requested the entry of default must obtain a default judgment against the defaulting party within 45 days after the default was entered, unless the court has granted an extension of time.

First, you can ask the court to set aside the default judgment and give you an opportunity to contest it. Next, you can settle the debt with the debt buyer for an amount less than what the default judgment is for. And finally you can eliminate the default judgment completely by filing for bankruptcy.

After you notify the defendant of the judgment, you can begin to enforce the judgment. Your judgment might be for money, repossession, eviction, foreclosure, or any number of things. In any case, your rights at this point would be the same as if you had gone to trial and won.

Motion For Default Judgment Alabama

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How is a default judgments enforced?

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How long does a default Judgement take?

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What happens after a motion for default is filed?

What happens after default is entered?

Can a default Judgement be reversed?

How do you defend a default Judgement?

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