Tuesday, March 1, 2011

Law Division and Civil Cases

Today, I met with a client that had a law division case that needed defended. The Defendant received a complaint and got a legal notice that they must respond to a Summons and Complaint within 30 days or otherwise, a default judgment may be entered against them.

As I explained to this client, an answer is important because it is a response to a Plaintiff's lawsuit. However, prior to a default judgment being entered against a Defendant, it is important that a Defendant be given notice of the upcoming proceeding. In many cases, a Motion for Default Judgment will be mailed to a Defendant prior to the issuance of a judgment. A Motion for Default Judgment is a legal notice that informs a Defendant that if you do not show up for court, a default judgment will be issued against you.

It is important that a Defendant timely respond to a lawsuit. Otherwise, a Default Judgment may be issued and the court will grant the Plaintiff their request. After a judgment is entered, a Plaintiff has the ability to garnish your wages and freeze your bank accounts among other things. Defendant have critical rights that must be protected.

Sean Robertson is a civil and commercial litigation attorney with significant experience in asset protection. Sean Robertson can be reached at (312) 498-6080 or Sean@RobertsonLawGroup.com.

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