QUESTION
What happens after a Declaration of Default?
Asked on Jul 24th, 2012 on Bankruptcy - New Jersey
More details to this question:
I have been negotiating orally with an attorney to settle a debt, but now they've filed a Declaration of Default (with an Application for Entry of Default) after I refused to provide bank statements, W-2's, etc. What happens now?
14 ANSWERS
Real Estate Attorney serving Williamstown, NJ
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Law Offices of Slotnick & Schwartz
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I have never heard of a Declaration of Default in New Jersey. However, if they get a default judgment against you they can attach wages, bank accounts, sell assets and do whatever they can to try to get paid.
Answered on Aug 10th, 2012 at 3:55 PM
Bankruptcy Law Attorney serving Huntington Woods, MI
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Austin Hirschhorn, P.C.
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I assume there is a lawsuit pending and they made discovery requests with which you have not complied. If you do not take some action with the court to prevent them getting a default judgment and a default judgment is entered after 21 days go by (the appeal period) they can then take steps to enforce the judgment. I think it would be wise for you to get an attorney involved to represent you at this point.
Answered on Aug 10th, 2012 at 3:54 PM
Construction Attorney serving Bloomfield Hills, MI
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Law Offices of Jeffrey Z. Dworin
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Move to have it set aside immediately - you only have 21 days.
Answered on Aug 09th, 2012 at 8:59 PM
You need to contact an attorney as soon as possible. If you are in default, you may not be allowed to take any action other than motion to set aside a default.
Answered on Aug 09th, 2012 at 8:17 PM
Business Law Attorney serving Bingham Farms, MI
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James T. Weiner, P.C.
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Obviously you have been sued.. A default is the first step to getting a default judgment.. hire an attorney to overturn the default if you have any defenses to the debt.
Answered on Aug 09th, 2012 at 5:36 PM
Chapter 7 Bankruptcy Attorney serving Clinton, MS
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Timothy Kevin Byrne Attorney at Law
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They will secure a default judgment against you. Then they will secure a writ of garnishment.
Answered on Aug 09th, 2012 at 2:30 PM
Family Attorney serving Henderson, NV
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Harris, Yug & Ohlinger
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If they've entered a default against you, then you've failed to answer the summons. Now they will apply for default judgment. Default judgment is a judgment. Next they can garnish. I recommend you talk to an attorney or your local legal aid / self-help center.
Answered on Aug 09th, 2012 at 1:04 PM
Real Estate Attorney serving South Jordan, UT
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James T. Dunn P.C.
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Declaration of Default? No such thing. Perhaps it is a Default certificate. Hurry and file an answer before the default certificate is entered.
Answered on Aug 09th, 2012 at 1:00 PM
Kevin Elliott Parks
If you don't answer or otherwise officially file an appearance in the case, you will be defaulted and the other side will soon thereafter file a judgment against you.
Answered on Aug 09th, 2012 at 12:37 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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You are about to lose the case because you did not officially answer the suit.
Answered on Aug 09th, 2012 at 12:36 PM
Brett Alexander Pedersen
They will enter a judgment next.
Answered on Aug 09th, 2012 at 12:26 PM
Litigation Attorney serving Westland, MI
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Clos, Russell & Wirth, P.C.
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If a default is entered against you, then the court has determined that you do not object or deny any of the allegations set forth in the complaint and thereby admit same. Thereafter, the plaintiff can file for entry of a default judgment against you requesting the full relief requested in the complaint.
Answered on Aug 09th, 2012 at 12:25 PM
You need to file an answer to the lawsuit as soon as possible. If you don't know how, hire an attorney. It may not be too late to prevent default.
Answered on Aug 09th, 2012 at 12:10 PM
Bankruptcy Law Attorney serving Livingston, NJ
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Law Office of Stuart M. Nachbar, P.C.
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In New Jersey, it means that you were served with a Summons and Complaint and failed to file an Answer. They are able to obtain a Default Judgment which means since you did not answer the Complaint, which they know was served, that the Court can enter a Judgment based upon the pleadings. Once the Judgment is entered they proceed to execute upon it.
Answered on Aug 03rd, 2012 at 9:47 AM