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Default Judgment
Barrister Amna (Alevels Academy Islamabad)
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8/14/2024
A Levels Academy Islamabad
Category
📚
Learning
Transcript
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00:00
They say 80% of success is simply showing up.
00:04
Well, not showing up in civil court will lead to 100% trouble.
00:09
And by trouble, we mean a default judgment.
00:12
A default judgment is when a court says you lost a case because you didn't respond to a claim
00:17
or appear in court when you were supposed to.
00:19
For example, if you have an unpaid bills case brought against you and you do nothing,
00:24
the judge can say you owe whatever the creditor claims you owe.
00:28
If further proof of the amount is needed, a hearing or trial will be held to determine the amount that you owe.
00:33
But if you've been defaulted, you may not be invited to the hearing or trial.
00:37
Even if you are present, you may not be allowed to argue against the evidence your opponent presents against you.
00:43
Now, although difficult, you can ask a court to remove a default after the fact,
00:48
so you can fight the case freely.
00:50
LegalYou can help you go about that in detail.
00:54
But some of the unusual reasons for excusing a default is either you did not get a notice of the case
00:59
or a particular deadline, or something happened that made you unable to respond to a case or attend a hearing.
01:05
Whatever route you go, you must file a request in writing,
01:09
in a motion that you file with the court called a motion to vacate default.
01:14
You then, of course, must provide that your excuse is legitimate.
01:18
Besides asking the court to simply set aside the default,
01:21
you can also try to settle the debt, for example, for a reduced amount,
01:25
or eliminate the default completely by filing for bankruptcy.
01:29
Although the very best way to defend against default is by not defaulting in the first place.
01:35
But if it does happen, LegalYou can help you reverse that decision and come out on top.
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1:58
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