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Thread: Default Motion

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    Registered User mommy2010's Avatar
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    Question Default Motion

    Question:

    I received a letter regarding a motion of default that was filed against me and it was not entered due to the filing atty not signing the documents, can they file again?

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    Rude and Vile Master Greebo's Avatar
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    Default

    Quote Originally Posted by mommy2010 View Post
    Question:

    I received a letter regarding a motion of default that was filed against me and it was not entered due to the filing atty not signing the documents, can they file again?
    I would think so.

    From whom did the letter originate? Did it contain language regarding "with prejudice" or "without prejudice"?
    If you could kick in the pants the person responsible for your problems, you wouldn't be able to sit for a month.

    Did you know that a 4 year student paying $20,000/year who finances their education graduates with over $103,000 in debt to start? But a student who works and pays cash and takes 6 years to graduate ends with $6,300 in their pocket! So much for "getting a head start by financing!"


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    Registered User daughter of pearl's Avatar
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    Default

    "Without prejudice" is lawyer code for "We're keeping our future options open." so if it says that, they can come back at you.
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    Registered User mommy2010's Avatar
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    Default

    The letter was from the clerk at the court house so it does not say. I am assuming they will!

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    Rude and Vile Master Greebo's Avatar
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    Then it never even went to the judge, and yes, they can file again.

    Reach out to the creditor now if you can offer any kind of settlement, assuming, of course, that the debt is legit.
    If you could kick in the pants the person responsible for your problems, you wouldn't be able to sit for a month.

    Did you know that a 4 year student paying $20,000/year who finances their education graduates with over $103,000 in debt to start? But a student who works and pays cash and takes 6 years to graduate ends with $6,300 in their pocket! So much for "getting a head start by financing!"


    Greebo
    (Nerd Spender): Loving and extremely patiently tolerated husband of ceashels.
    WARNING: Y Chromosome behind the keyboard. Adjust your listening filters appropriately!

    Three
    Two mortgages, two one no car loans, one no credit cards, and a partridge in pear tree!

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