Wednesday, May 15, 2013

Where Does the Time Go - Yet Another Default Motion...

It seems as if there has been an uptick in defaults that have been occurring in my cases. Whether it is the total default of a party at the trial by not even showing up (which happened on Monday), or a party just not appearing or responding to being served with a Summons & Complaint, which suddenly has three motions leaving my office this week, it seems that there are more defaults recently.

The process of obtaining a default is relatively straightforward: you serve the party, they don't answer, you file a motion with the court, you obtain a default judgment. While that is all well and good, that then creates a secondary problem - how do you collect on the judgment? This is further complicated by the fact that most states allow a defaulting Defendant up to a year to file a motion to undue the default judgment and then you are forced to start the action over. If you are attempting to enforce your default judgment in one state (say Texas) against a person who is in a second state (New York), there is a whole second litigation that needs to be initiated to get the first judgment recognized.

In the end, it is never a good idea to default as a litigation strategy - you run the risk that the Court won't even allow you to undue the default. But if you have obtained a judgment on default against another party, don't wait, get your collections attorney on it to get the matter resolved!

For more information about collecting on a judgment, whether entered on default or through other means, please call my office (718.568.0221) or visit my website (AndrewMAyers.com) for more information.

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