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Hawaii Default Judgment Against Defendant

Hawaii Default Judgment Against Defendant

Name: Hawaii Default Judgment Against Defendant
Brand: US Legal Forms
Price: 59.00 USD
Rating: 4.81 (258 reviews)

Category:

Hawaii Court Samples - Collections - Sample Case 1

State:

Hawaii

Control #:

HI-KH-047-08

Format:

Instant download

This form is available by subscription

Description

A08 Default Judgment Against Defendant

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FAQ

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.

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. A Motion to Vacate is one way by which a defendant can avoid enforcement of a default judgment.

A default judgment occurs when the defendant in a legal case fails to respond to a court summons or does not appear in court. If this occurs, a court may rule in favor of the plaintiff by default.

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. If the judge grants your motion, the case starts back up again.

In effect, you're found guilty because you never entered a defense. Default judgments are sometimes called automatic judgments because of how fast they can happen. 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.

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.

In California, money judgments are enforceable by a writ of execution. In order to enforce the judgment lien, the judgment creditor must obtain a writ of execution, levy and then sell the real property at an execution sale.

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).

Hawaii Default Judgment Against Defendant

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Can you fight a default Judgement?

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