Note of default?
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I am suing an ex for a loan i gave him a while back. Same old, i say loan, he says gift. He signed a paper saying it was a loan, but now he says I forged his signature. I filed the suit against him early in sept and i havent heard anything from him or his lawyer yet. He only had 20 days to file a defence. Somebody said to file a note of default against him. If i file this note of default against him what happens next. Will I still have to go to court? How many times will I have to file against him before somebody makes him pay me back? Please help!
Note of default?The law likes to give people lots of second chances in this scenario, so it might be best for you to get the ball moving now. You would move for a default judgment; your ex would get lots of time and opportunity to answer, and when/if he doesn't, the court will eventually award you the default.
Then you have your judgment, which is only half the battle. The other half is collecting. You have to locate his assets and file a separate action to collect/garnish. This is a much faster proceeding. If you have a bank account number for him, or if he owns real property, it will go smoother and faster. Good luck.
Note of default?The details you seek depend on the state in which the proceedings are taking place.
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