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The process for setting aside default judgment You will need to make an application to the court regardless of whether consent is obtained, but seeking consent may mean that the claimant does not oppose the application, potentially reducing the costs of the application.
(1) Service may be made upon the State of New Mexico or a political subdivision of the state: (a) in any action in which the state is named a party defendant, by delivering a copy of the process to the governor and to the attorney general; (b) in any action in which a branch, agency, bureau, department, commission or ...
A defendant must file a motion to set aside the judgment and then appeal from the court's ruling on that motion.
Monetary Judgment: A monetary judgment, known as a ?levy,? allows a creditor to take funds directly from your account. Judgment Lien: A judgment lien allows a plaintiff to take control of real property owned by the defendant (that is not exempt) or take the money owed from the sale of that property.
Once a default judgment has been obtained, the Claimant can take enforcement action to recover the judgment sum by, for example, instructing bailiffs, applying for an attachment of earnings order or obtaining a charging order over the Defendant's home.
Difference between Summary Judgment and Default Judgment Default judgment does not call for any assessment of the merits of the case. Summary judgment requires an assessment of a case on the merits: whether the case is bound to fail - or in other words - cannot succeed.
You may be able to negotiate a settlement with the debt collector to allow you to pay off the judgment under better terms. In Limited Civil cases (cases for $25,000 or less), if the other side will not agree to a payment plan, you can ask the judge to order a payment plan.
(A) An appeal to the Court of Common Pleas from an order of the Municipal Court granting or denying a petition to open a default judgment or any other post-judgment order which would have been appealable had it been entered by the Court of Common Pleas shall be filed within thirty (30) days from the date of entry of ...