Wixom, MI asked in Collections for Michigan

Q: what does it mean default request entry and judgment sum certain ?

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1 Lawyer Answer
Trent Harris
Trent Harris
Answered
  • Collections Lawyer
  • Jackson, MI
  • Licensed in Michigan

A: If you have received one of these in the mail from a court with signatures on it, it means a default judgment has been entered against you in a lawsuit. Look to see who the plaintiff is in the case caption, and see if it's a person or business you recognize.

If you believe this should not have happened, you have a very short time - 14 days after the date of entry of the judgment - to file a written motion to set aside the default judgment. If you do not do this, the judgment will become final and the creditor can resort to any legal remedy to collect It's debt against you, including for example debtor's examination, wage garnishment, bank garnishment, income tax garnishment, orders to seize property, and judgment lien.

In order to set aside a default judgment, you have to show (in your timely motion) some irregularity in the legal process used to get the default judgment against you, and also that you have a meritorious defense to the lawsuit. Meaning if you were to actually given the chance go to court on the suit, you are in the right and would win. If you need further information, you should call a debt collection or bankruptcy attorney in your area for help.

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