If you’ve seen enough crime dramas, you’ve seen a lot of unique fictional cases. Eventually, to understand the plot, you have to ask what is a default judgment?
These cases can be complex, making it tougher to keep up with your show. Continue reading what Gibson Bail Bonds has to say on the matter.
What is a Default Judgment, and How Does it Work?
Sometimes, when someone gets their sentencing, they’ll also need to attend specific counseling or training. You can see these practices put into place for substance abuse or even anger issues. The court may decide that your therapy serves as time in prison. Or, a judge may still have you serve time plus seeing your doctor.
However, should you fail to see your court-ordered therapist, you will be arrested again. You can watch this happen in episode two of The Falcon and The Winter Soldier.
What is a Default Judgment Order’s Punishment?
One of the things that make a default judgment confusing is how it goes forward. It doesn’t always mean someone gets arrested, but by forfeiting a trial. If you have a suit against your neighbor, and you don’t show, you could lose. The judge may rule in their favor by default, making you liable.
However, an official will likely issue a bench warrant for your arrest instead. They don’t take kindly to people who waste their time.
Can Anyone File for a Default Judgment?
An interesting thing about a default judgment is that sometimes others file for them. That often applies in cases where one side misses a deadline. For example, if you are served with court papers, there is a time limit. Usually, the judge gives you 20 days to respond to a summons. Should you miss that date, the other party can file for a default judgment. Since you are the one at fault, the judge will likely agree to do so.
Is a This Judgment Final?
Whether a default judgment is final or not depends on the judge. It also matters whether or not you have valid excuses.
According to Cornell Law School, default judgments may or may not be final. They might serve to collect more information or to stop a trial from proceeding further. You may prove that there was a mistake, or an unavoidable circumstance preventing your response. However, you shouldn’t count on these decisions being made in your favor without a fight.
What Can I Do if I Have a Default Judgment Order?
If you receive a default judgment, you may have a few options. While you could ask for a chance to contest it, some judges won’t allow it.
When the matter includes unpaid debts, you might have a chance to settle. Paying the plaintiff directly could convince them to have the default judgment pulled. Of course, they probably won’t settle for a small amount, especially following legal expenses. You could file for bankruptcy, which usually halts the order in the process.
What are the Lasting Effects of a Default Judgment?
A default judgment doesn’t go away overnight and it will sting for a while. Not only will this appear on credit reports, but it sticks around for at least five years.
If a lender acted against the Fair Debt Collection Practices Act, you might reverse it. Having the order removed, called a vacated judgment, will need to be obtained before contacting credit bureaus. You could just pay your debts, but it may be even more expensive by then. As a result, the judgment will linger on your record.
Will I Get Arrested by Default Judgments?
Since the case is already being handled in court, you don’t usually get arrested. However, a judge can issue a warrant for several reasons. If you are facing jail time, contact us for 24-hour bail bonds. Gibson Bail Bonds is always available for you.