See How Legal Papers Are Delivered during the case. After service, the winner should file the Affidavit of Service with the court. First, the winner should serve a copy of the judgment with notice of entry on the loser. When the judgment is entered, it can be enforced. Read more at Vacating a Default Judgment. The defendant can ask the court to vacate (cancel) the default judgment if he or she has a good reason for not answering or coming to court and a good reason why the plaintiff should not win the case. An inquest is a hearing to decide the amount of money due on a claim. To get a default judgment, the plaintiff may have to ask the court for an inquest. The judgment also gives the plaintiff the right to collect money from the defendant’s bank account or salary. The judgment will appear on the defendant’s credit report, and it can be there for up to seven years if it is not paid. The default judgment usually gives the plaintiff the right to collect the amount of money that was asked for in the complaint, plus interest and court costs. A default judgment can give the plaintiff what he or she wants because the defendant did not tell his or her side of the story. If the defendant (or respondent) does not answer in time or make a motion, the plaintiff (or petitioner) can ask the court for a default judgment. A judgment is good for 20 years, but if the plaintiff wants to enforce the judgment against land it is only good for 10 years unless the plaintiff renews it for another 10 years. Disbursements are out of pocket expenses, like filing fees. Costs are an amount of money determined by statute that the loser must pay the winner. A judgment also includes an award of costs and disbursements. Contact the court where you got the decision to find out what to do next.Ī judgment can order that money be paid, order something to be done, or dismiss a case. In other courts, you have to prepare the judgment. In some courts you have to ask the clerk to prepare and enter (record) a judgment in your favor. The decision can’t be enforced until a judgment is entered.Įntry of a judgment happens when the clerk of the court signs and files the judgment. The decision says how the Judge decided the case. This can be after a trial, inquest, arbitration, default, confession, stipulation or motion. A civil case ends in a decision by the court.
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