Sentences with phrase «default judgment on»

In 1565703 Ontario Limited v. St. Clair Tavern (Sarnia) Limited, 2011 ONCA 523, the Court of Appeal for Ontario overturned a default judgment on the basis that the

About nine months later, the corporation moved to quash service and vacate the default judgment on the basis that service was defective.

Tennille v. Tennille, No. 99 - CV - 1001 & 00 - CV - 924 (District of Columbia Court of Appeals, February 14, 2002): The ex-husband appealed from the entry of default judgment on a breach of contract action where he agreed to pay his former wife a fixed percent of his income in lieu of alimony.

Not exact matches

Hon. K. T. Hammond was sent by President J. A. Kufuor to Paris and London to amicably resolve the US$ 47 million default judgment debt with SG by convincing the Company to accept the US$ 14 million out - of - court settlement instead of insisting on the US$ 47 million judgment debt.

In February, a default judgment was entered against Tate when its owners did a no - show in court on behalf of Lightning Source.

If the debtor defaults on payments after signing a reaffirmation agreement, the creditor will have the right to sue for a deficiency judgment.

In the same league as liens, bankruptcies or loan defaults, a judgment listed on your credit report is no laughing matter.

This is especially the case for those who have defaulted on a loan in the past, fallen in arrears or have any county court judgments to their name.

Normally it is easier to get a secured loan than an unsecured loan, if you have a bad credit history or CCJ's (County Court Judgments) as the lender considers your home as enough security in case you default on your payments.

Information about missed payments, defaults or court judgments will stay on your credit file for six years.

Others argue it's important for lenders to know if consumers have had a lien on their taxes or a civil judgment against them, because their risk of defaulting on a new loan is much higher.

For example, a government - backed loan in default can subject the borrower to an administrative wage garnishment (that is, a garnishment without the creditor first obtaining a court judgment) of 15 % of disposable income, and this would be in addition to any state law garnishment by another creditor (under New York law, of several creditors have judgments against a debtor, only one at a time can garnish 10 % of wages, but a government student loan can be imposed on top of a state law garnishment.A borrower can also lose tax refunds if in default on a government student loan.

In reality, by the time most people file for bankruptcy they have already fallen behind on their payments, gone into default or foreclosure, or had legal judgments entered against them.

2) They are not required to file a lawsuit and use our their funds and legal resources to pursue a judgment on default companies.

Unlike private loans, the Department of Education (DOE) can begin collecting on a defaulted student loan without a lawsuit and / or judgment.

If a judgment has been obtained on the defaulted loan, it is not eligible for rehabilitation.

If payments are missed, any default or county court judgment could be recorded on the guarantor's credit report.

In addition, a breach or default of court judgment can be placed on the borrower's credit record.

This information may include judgments, bankruptcies, tax liens, wage attachments and notice of default on properties.

a) Disputes filed - 18 months b) Inquiries - 2 years c) Payment profile -5 years d) Information related to a consumers payment behavior such as slow payer, defaulted or absconded - 1 year e) Information relating to the action that a credit provider has taken against a consumer to enforce a debt such as handed over, legal action or write - off - 2 years f) Debt restructuring - Until a clearance certificate is given g) Civil court judgments - 5 years or until the court removes it h) Administration orders (orders to put a consumer under administration)- 10 years or until the court removes it i) Sequestrations (order given by the court where the consumer is insolvent)- 10 years or until the court removes it j) Liquidations (order given by the court where the consumer is insolvent)- no time limit k) Court order removing a liquidation or sequestrations after all the debt was paid - 5 years l) Other information (information not covered above)- 2 years Other Useful Topics Learn how to dispute information on your credit report in South Africa.

Reported data includes personal information (name, address, social security number, employers), credit accounts (loans, credit cards, and so on), public financial records (bankruptcies, judgments, tax liens), collection accounts (any account that has been reported as being in default, and inquiries (anytime someone checks your credit).

Continue reading New Rules On New York State Default Judgments Imminent: Major Changes for Credit Card Accounts Sold to Debt Buyers...

Default judgments Stay of proceedings Statutes of limitations Cap on interest rates Eviction proceedings Installment contract for property purchase Mortgages Terminating home or vehicle leases

Debt collectors are counting on you not filing an answer to a lawsuit and getting a default judgment against you.

If you simply ignore the summons, the lender will likely get a default judgment and try to collect on it.

Your credit report lists applications you've made for all forms of credit (whether approved or not), your repayment history, details of any defaults or bankruptcies you may have, your current debt, information on the accounts you currently hold and any court judgments against you.

Activision Blizzard recently won a default judgment verdict in the case against Alyson Reeves, the operator of an unauthorized server on World of Warcraft.

59 The answer to the first question and the first part of the third question is therefore that European Union law must be interpreted as meaning that it does not preclude the issue of judgment by default against a defendant on whom, given that it is impossible to locate him, the document instituting proceedings has been served by public notice under national law, provided that the court seised of the matter has first satisfied itself that all investigations required by the principles of diligence and good faith have been undertaken to trace the defendant.

The Trangs defaulted on the loan and RBC obtained a judgment against the Trangs... [more]

This could be on the basis that they have reasonable prospects of obtaining a default judgment which they can then enforce more often than not.

(a) a short form order dated April 23, 2003, issued and signed by the Honorable M. Ritholtz, granting Mr. Kaufman's motion for a default judgment and referring the issue of damages to an inquest, (b) the defendant's order to show cause, signed by the Honorable M. Ritholtz on September 12, 2003, seeking to set aside the default judgment, accompanied by defense counsel's signed affirmation and the defendant's signed, but not notarized, affidavit, (c) the respondent's affirmation in opposition to the defendant's order to show cause, dated October 8, 2003, (d) a preliminary conference stipulation and order dated March 17, 2004, signed by the respondent and defense counsel, and (e) a notice of compliance / settlement conference scheduled for October 21, 2004, before the Honorable M. Ritholtz.

In a case of first impression in Connecticut, obtained summary judgment in federal district court on behalf of a surety for failure of a performance bond obligee to properly declare the principal in default and to give the surety proper opportunity to exercise its options and limit its liability.

On appeal, the court held that the trial court should have set aside the default judgment.

If you rely on the defendant to do so, you may end up with an adverse default judgment for failure to attend the hearing.

Won summary judgment in favor of national real estate developer awarding it the right to develop and sell units in a development project despite the fact that the developer defaulted on its payment obligations and the seller had foreclosed on its mortgage on the property.

The grounds on which recognition (and therefore enforcement) may be refused are very similar to those found in Article 23 (a)--(g) of BIIR — although not identical, including manifest incompatibility, child not heard and default judgments.

Obtained summary judgment against defaulted subcontractor in federal court on a $ 160 million wastewater treatment project.

The appellant submits that he has three grounds of appeal: that the chambers judge erred in concluding that the damages could not be quantified; that the judge erred in dismissing the claim when the appellant already had two default judgments against the defendants; and that the judge erred by dismissing the claim on his own motion without notice to the appellant...

* Debt collectors are increasingly giving up on calling you all the time and just seeking default judgments.

The defendant did not file a statement of defence, and this decision was based on a motion for default judgment.

In what has to be one of the more unusual cases I have come across, a Superior Court judge has set aside a default judgment after being satisfied that the process server hired by the plaintiff to serve its claim swore «untruthful» affidavits of service which were subsequently relied on by the plaintiff to obtain default judgment.

To avoid a default judgment, the defendant must respond with an answer, counterclaim or motion (dismiss, judgment on the pleadings, etc.) within a limited period of time.

National Westminster Bank Plc v Bowles: [2006] EWHC 2024 (Comm); [2005] EWHC 182 (QB) Acted on behalf of a bank seeking to enforce a guarantee, and in opposing application to set aside a default judgment.

Eventually, the company ceased participating in the litigation process, and, on June 2, 2017, a federal judge issued a default judgment in favor of the EEOC.

The plaintiff served its lawsuit on the defendant's office manager and eventually won a default judgment.

[Dave Lieber / Dallas News, Volokh in September and related on similar schemes here (takedown request against one of Volokh's own posts) and here (private default judgment cited in request to Google to deindex government documents), earlier here, etc..]

Under Illinois law, a default judgment is a drastic remedy and Illinois courts have a long and strong policy of deciding cases on the merits instead of on procedural grounds.

Obviously, ex-client's collateral attack was effectively moot when the 1999 default judgment was vacated on appeal, but that did not deter the collateral attack proceedings.

Ex-client had really obtained relief on the prior appellate victory challenging the 1999 default judgment, such that no further true relief was granted in the collateral attack proceeding.

Opposed a motion for summary judgment brought by CIBC against a mortgator where CIBC alleged default under the terms of the mortgage flowing from the registration of a restraint order on title pursuant to the provisions of the Controlled Drugs and Substances Act.