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You do not have to attend court. Generally, the court will give you default judgment if the notice of motion and affidavit of service show: 200bthat the defendant was properly served with the statement of claim. that it has been more than 28 days since the date of service.
A default judgment means that the court has decided that you owe money. This a result of the person suing you in small claims court and you failed to appear at the hearing.
Default judgments happen when you don't respond to a lawsuit often from a debt collector and a judge resolves the case without hearing your side.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.
You can contact the Courts Call Centre on 1300 679 272 and ask them to tell you the amount of the judgment and the date it was made. You should also ask for a copy of the statement of claim, if you don't already have one.
Pay in full or request to make payments to you or the court (see below "What to do After the Judgment is Paid"). Appeal the decision if they appeared at the trial. File a Motion to Vacate the Judgment if they did not appear at the trial.
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.
Challenge the judgment If a default judgment was made in error, you may have grounds to challenge it and have it vacated, or set aside. You might be able to do this if you never owed the debt or weren't notified of the lawsuit, or if the case was mismanaged.
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).
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.