Oklahoma City, OK asked in Bankruptcy for Oklahoma

Q: Do I need to attend a motion for default judgment

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3 Lawyer Answers
Timothy Denison
Timothy Denison
Answered
  • Bankruptcy Lawyer
  • Louisville, KY

A: Yes.

Lloyd M. Nolan
Lloyd M. Nolan
PREMIUM
Answered

A: The whole point of the Motion for Default Judgment is for the Creditor to obtain a Judgment against you without any input or resistance from you. That's what Creditors like. If you don't attend, the Creditor WILL get a Judgment against you and it will probably be on the worst terms possible because noone is there to oppose them. Arguably, they may eventually obtain a Judgment no matter what -- HOWEVER, if the Creditor's Lawyer is in front of the Judge by himself, he is likely to ask for and receive attorneys's fees and the highest rate of Judgment interest possible I would suggest that you attend. Better still, hire an experienced attorney to represent you.

W. J. Winterstein Jr.
W. J. Winterstein Jr.
PREMIUM
Answered
  • Bankruptcy Lawyer
  • Boyertown, PA

A: You don't say whether the hearing is set in Oklahoma District Court, or the US Bankruptcy Court for the Western District of Oklahoma. Either way, if you fail to appear, a judgment will almost certainly be entered against you.

Note: if you have filed for bankruptcy relief, and your case is active, there is an automatic stay to prohibits any action against you in any other court. If that's the case, notify the court in which a motion for default is pending that you are either in bankruptcy currently, or that you have received a bankruptcy discharge, and the debt upon which the pending motion is based has been discharged.

It's always best to talk with a lawyer about how to approach any court.

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