When the defendant does not respond or appear in court on the scheduled date, a default judgment is an official court decision in the other party's favor. This typically occurs in a consumer debt case when the defendant debtor misses a court date or fails to file an answer with the court after receiving legal papers which inform them of a lawsuit against them.
Find out if you have a default judgment against you!
If a creditor sued you and demanded payment, but you didn’t respond or were never served papers, it is likely that the creditor obtained a default judgment against you. As a result, that default judgment will appear on your credit report. As a result, part or all of your paycheck could be held back (garnished) by your employer and sent to the creditor or person to that you owe money. Your bank account could become frozen, or a lien (a claim) could be placed on your property. There are several ways to ensure complete exemption from a default judgment and a frozen bank account. Check out our blog post to learn more: Exemptions from a Default judgment and a frozen bank account.
How do your bank accounts get frozen?
Not only do the brutal winters in New York City make citizens feel frozen, but when a person has a judgment entered against them in a court of law, their bank accounts are typically frozen as well. This is usually the result of nonpayment of unknown credit cards or medical bills. It is likely that the defendant had no idea that he or she was being sued. After a default judgment has been entered, the creditors frequently add excessive fees and send the judgment to your bank. Creditors intend to put pressure on you to pay all of the fees. There are laws to protect your rights against these agencies and debt collectors. For more information on what New York Law says, take a look at New York Civil Practice Laws & Rules: Article 32 - Accelerated Judgments, Section 3215 - Default Judgments.
If you ever receive a summons from the court for a default judgment or get sued by the collection agencies, do not hesitate to contact us at firstname.lastname@example.org. Our firm specializes in credit and debt litigation and has a record of winning against these credit institutions. We can protect you from illicit collection practices that creditors tend to implement.