QUESTION

In a Promissory Note, can the Payee file a judgement with the court against the Responsible Party if it goes into default?

Asked on Nov 27th, 2012 on Contracts - Alabama
More details to this question:
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1 ANSWER

Litigation Attorney serving Greenwich, CT
Partner at Hilary B. Miller
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The payee cannot file a judgment. The payee can sue for the balance due and ask the court to enter a judgment based on the maker's default. The maker will then generally be entitled to notice and the opportunity to be heard with respect to any defenses of the maker prior to the entry of judgment.
Answered on Nov 27th, 2012 at 5:23 PM

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