Default judgments are when people fail to act on a debt collection lawsuit brought against them. All the creditor is required to show is that there was a promise to pay, and an allegation of nonpayment. If you do nothing about the suit, the court will enter the judgment. By failing to respond or hire an attorney to fight for your rights, you will lose your chance to defend yourself and prevent a Court Judgment from being entered. These non-responses are called Default Judgments. Default Judgments account for over 95% of all Connecticut collection Court Judgments. Connecticut collection Courts’ procedures are stacked to the creditors advantage. The system works for creditors, not for you. Their attorneys know the law, the process, and are banking on Debtors “freezing up” and not responding to the lawsuit. Make no mistake about it, failure to respond to a collection action will result in a default judgment entered against you.
Debt collection attorneys expect that you will not respond to their lawsuits, allowing them to win, even without all the proper evidence needed. Default Judgments are entered even if you have a perfect defense but fail to act. Once a Default Judgment is entered creditors can collect on their debt immediately by Wage Garnishment, Attachments or Judgment Liens.
Defending and Reopening Default Judgments
If a default judgment has entered against you, there may still be options available to you to vacate that judgment, either by Motion to Reopen or by a bankruptcy filing. Collection lawsuits have strict rules and if time deadlines are missed, a Default Judgment will be entered against you. Default Judgments can be reopened, but the procedures are precise and failure to act will leave you with no ability to challenge the Court Judgment in the future. Hiring a consumer debt attorney is critical to defending or vacating Court Judgments. In general, your attorney must:
- File a Motion to Reopen within four months of the Judgment entering;
- Present a viable defense to the underlying debt; and
- Win the case in Court.
Don’t ignore your lawsuit. If you are aware of the suit and just fail to respond to the action out of fear, or denial or lack of knowledge, you may be barred from vacating the judgment. The courts are not on your side. You must not delay in responding to a lawsuit if you want an opportunity to fight.
Given the strict procedures required to successfully reopen a judgment, it is highly recommended that you contact a qualified consumer debt attorney in order to file your Motion to Reopen.
Bankruptcy Solutions for Default Judgment and Defending Collection Actions
Collection lawsuits are usually a sign of bigger financial problems. Default Judgments, Wage Garnishments, Attachments and Judgment Liens are an indication that your financial problems are reaching a critical juncture that needs to be resolved with the attention and knowledge of an experienced debt relief and bankruptcy attorney. Any plan to resolve your finances should start with a consideration of bankruptcy relief. Bankruptcy stops all Connecticut State Court collections in any stage of the collections process.
- Under Federal Bankruptcy Laws, all collections are immediately stopped upon the filing of a petition in bankruptcy.
- Bankruptcy filings stop the entering or enforcement of Default Judgments.
- Bankruptcy automatically stops Wage Executions, Liens and Attachments.
- Bankruptcy law can undo liens, bank levies and attachments.
Get a Plan and Get Relief Today from your Debt
Make sure you get a plan to resolve all your financial difficulties, which could include filing for bankruptcy relief. Under the federal bankruptcy laws, all collections actions whether at judgment or after judgment are automatically stopped. This means that as soon as you file for bankruptcy protection, all wage garnishments, bank levies and property attachments will cease. The filing of a bankruptcy will flip the power away from the creditor and puts you back in charge of your finances.
The Law Offices of Neil Crane have been fighting collection actions, small claims suit, and judgments for the past 37 years, we know how to preserve your right to fight! Call us today at 203-230-2233 or fill out our contact form.