Get legal advice to avoid Default Judgments!

Default Judgments defined


A default judgment is a  judgment in favor of the plaintiff based on the failure of the defendant to respond to a law suit or appear in court.  This failure to respond or appear results in the court awarding a default judgment.  The default judgment is relief that is requested by the plaintiff.

In other words, if someone files a lawsuit or other legal action against you and you do not respond, you are essentially "forfeiting" the case.  In a civil trial involving damages, the court will likely give the person filing the action the amount they are looking for.  This can be bad for you in several ways:




1) A judgment against you will most likely affect your credit report, and not in a good way!

2) You can have your wages garnished, affecting your employment.

3) You can have your bank account garnished.

4) If you don't have the judgment paid immediately, it earns interest.  This interest can cause the judgment amount to increase quickly.

Can you fix a Default Judgment?


Sometimes you can!  There are procedures available to have the default judgment vacated, or set aside, by filing a motion after the judgment is entered.  The motion must be filed within a limited amount of time, and may only be successful under certain circumstances. We highly recommend that you gain experienced legal advice from an attorney to discuss your situation.  In addition, if you are having trouble paying a judgment, you may have options such as filing for bankruptcy.




Our best advice - if legal action is filed against you, talk to an Attorney immediately


Accepting a default judgment may cost you much more money than if you had gained good legal advice from an experienced attorney and avoided a default judgment.  Your lawyer can assist you in responding in the proper time frame and asserting and protecting your rights.  If you need help, please call the Law Offices of Phillips, McElyea, Carpenter, & Welch, P.C.  Let our 75 years of experience work for you!

We Are Effective Camden County Lawyers for all of your legal needs.
We Are There When You Need Us.

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Disclaimer: No attorney-client relationship is created by publication of this Blog.
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Law Offices of Phillips, McElyea, Carpenter, & Welch, P.C.
The choice of a lawyer is an important decision and should not be based solely on advertising. When you need a knowledgeable attorney, we invite you to contact us to set up a consultation. Evening and weekend appointments are available. We have access to interpreters.
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Phillips, McElyea, Carpenter & Welch, P.C.
85 Court Circle N.W., P.O. Box 559
Camdenton, MO 65020   GET A MAP
(573) 346-7231 - Telephone
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Location: Camdenton, MO 65020, USA

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