Understanding Default Judgment and Its Implications
Hi, my name is Dillan Savage of Wirth Law Office – Oklahoma City, Oklahoma. Today we are going to be discussing default judgment and how to avoid it. Default judgment is a term that a lot of people haven’t heard unless they’ve been in the practice of law or they have had numerous cases in the legal system.
Default judgment is very simple; it just means that whatever someone has filed against you is automatically granted to them. When you are served with documentation, the summons and all the other pleadings, you can see in the summons itself that you are given a statutory required amount of time to respond.
Consequences of Ignoring Legal Summons
If you ignore the case and you do not respond within that time period, you are potentially going to be found in default. The opposing party would be able to notify the judge that they have proof of service, indicating that you have not responded as noted in the court records. Consequently, they can request that the court grant them what they have asked for without further ado.
A lot of people are under the presumption that if they ignore it, it will go away or that nothing can be done without their presence in the court system. That is absolutely incorrect. Ignoring a summons will likely result in a judgment rendered against you in the form of a default judgment.
Taking Action to Protect Your Rights
Whenever you receive a summons and documentation for a lawsuit, and you are notified that you have been sued, you need to immediately consult with an attorney. It’s crucial to hire an attorney and take the necessary steps to avoid being automatically defaulted out. Most of the time, the opposing party is not very considerate in their pleadings; they will ask for the maximum they can get.
Therefore, it is better to go in, hire an attorney, and discuss the requests made when you receive these documents. This way, a proper response can be filed on record, helping you avoid being defaulted out.
Get Help—Schedule a Low-Cost Consultation Today
If you found this video helpful or believe it could assist someone else, please visit TheOklahomaAttorney.com. Again, my name is Dillan Savage, family law attorney of Oklahoma City, and I hope you enjoyed this video. For personalized legal assistance, call us at 405-888-5400 to schedule a low-cost consultation.