The owner claimed the broker's failure to inform him of the lawsuit caused the entry
of default judgment against him.
Not exact matches
It was this failure that led to the entry
of the US$ 47 million
default judgment against GNPC.
In February, a
default judgment was entered
against Tate when its owners did a no - show in court on behalf
of Lightning Source.
If you were served with a complaint but ignored it or failed to appear in court, the judge will most likely enter a
default judgment against you in favor
of the plaintiff and the plaintiff wins by
default.
While 93 percent
of people who are sued for credit card mistakenly do not respond to a summons for credit card and end up with a
default judgment against them (according to the New York Times article mentioned below), there is plenty
of hope for any «guilty» debtor who answers a credit card debt summons.
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.
You may have a
default judgment made
against you where there was no hearing and you have not sent back the acknowledgment
of service form to say you intend to put in a defence.
CMHC got a
judgment of $ 33,000 plus interest totalling approximately $ 51,000
against me because the value
of my property went down and I
defaulted!
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.
Sometimes if you get a $ 1,000
default judgment against Wells Fargo because it doesn't answer your questions in a lawsuit, and the bank neglects to pay the
judgment, then you can get the sheriff to schedule a sale
of the contents
of a local Wells Fargo Home Mortgage office to satisfy the
judgment.
MIC sought to enforce this
judgment debt
against Naftogaz's assets in England by obtaining (i) a freezing order
against Naftogaz in relation to its shares in a UK oil company; (ii) a
default judgment against Naftogaz in the sum of such debt («English Default Judgment»); and (iii) a third party debt order requiring share dividends due to Naftogaz to be paid instead to MIC and also a charging order in favour of MIC in respect of such
default judgment against Naftogaz in the sum
of such debt («English
Default Judgment»); and (iii) a third party debt order requiring share dividends due to Naftogaz to be paid instead to MIC and also a charging order in favour of MIC in respect of such
Default Judgment»); and (iii) a third party debt order requiring share dividends due to Naftogaz to be paid instead to MIC and also a charging order in favour
of MIC in respect
of such shares.
We can use the dispossessory procedures not only to regain possession
of the commercial premises but to obtain
judgment against the
defaulting tenant and its guarantors.
Accordingly, I conclude that, if R had refused to fund the defence
of proceedings, Dreamland would not have defended the proceedings and the Foundation would have obtained
judgment in
default against Dreamland.»
The Ontario Superior Court
of Justice in Busseri v. Doe, 2014 ONSC 819, dealt with the defendant's motion to set aside
default judgment against him in an internet defamation case.
Sanctions can include fines, payment
of attorneys» fees, adverse inference instructions to the jury, evidentiary preclusion, striking a pleading or granting a
default judgment against the spoliator.
As regards the funding
of the proceedings, the Court found that if Mrs Godden had not funded the defence, Dreamland would not have defended the proceedings and the Foundation would have obtained
judgment in
default against Dreamland.
Even if you went to court and got a
default judgment against them for $ 92 plus court costs plus interest, it would cost an immense amount
of time and money to identify assets from which you could collect and then use writs
of execution and writs
of garnishment to collect it.
Billions
of dollars in
default judgments have been issued
against Iran for sponsoring terrorism, according to the Law360 story.
U.S. District Judge Philip Gutierrez
of Los Angeles entered the
judgment by signing a proposed
default judgment against David K. Elam II, the defendant.
Mc Fadden appealed
against the
default judgment by claiming that he could not be held liable under Article 12 (1)
of the E-Commerce Directive as implemented into national law.
If a foreign court enters a
judgment against someone by
default that
judgment will probably be enforceable in the country where the
judgment was entered (or in the case
of the U.S. in the state where it was entered with easy domestication to another U.S. state)
against assets in that country.
Its launch was much heralded, but its first decision — an unenforceable
default judgment against the non-participating America Online, in favor
of a complainant who was affiliated with the site — drew controversy, and the program subsequently became dormant.
Still, Koch did not institute proceedings
against anyone in connection with the wine until 2006, when he finally sued the discoverer
of the wine and received a
default judgment.
In the latest
of its battery
of lawsuits targeting illegal music downloads, the RIAA has won a
default judgment against a young Pittsburgh woman who is disabled and in need
of a transplant.
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...
In 2008, another federal court harshly dismissed his claims for violations
of the Fair Credit Reporting Act
against two other creditors, noting that Flury had «filed eleven lawsuits
against various defendants over the last four years, and with the exception
of one case that ended in a
default judgment, plaintiff has voluntarily dismissed every action once the defendant moved to dismiss the case or otherwise responded to the complaint.»
Thereafter, the plaintiff commenced federal litigation
against our client, alleging that our client was the Malaysian entity's «alter ego,» or alternatively, had received «fraudulent conveyances»
of money and / or receivables from the Malaysian entity that should have been turned over to plaintiff to satisfy the
default judgment.
Representation
of an international manufacturer
of shipping containers in action brought to enforce
default judgment against allegedly related foreign corporations.
However, the court would review the following four issues if challenged by the respondent: (1) whether the foreign court lacks jurisdiction pursuant to Taiwanese laws; (2) whether a
default judgment is rendered
against the losing defendant, but the notice or summons
of the initiation
of action had been legally served in a reasonable time in the foreign country or had been served through judicial assistance provided under the Taiwanese laws; (3) whether the performance ordered by such
judgment or its litigation procedure is
against Taiwanese public policy or morals; and (4) whether there exists no mutual recognition between the foreign country and Taiwan.
Note, however, the issues highlighted below at question 2.7 d) in relation to the enforcement
of foreign
judgments given in
default and
against defendants that have not expressly submitted to the jurisdiction
of the foreign court, which may affect the amenability
of the enforcement action to summary
judgment.
where a
default judgment is rendered
against the losing defendant, except in the case where the notice or summons
of the initiation
of action had been legally served in a reasonable time in the foreign country or had been served through judicial assistance according to the Taiwanese laws;
A
default judgment — which can be multimillions
of dollars — allows the plaintiff to seek enforcement
of that
judgment against the financial and other assets
of the foreign government held in the US.
In an action alleging excessive force arising out
of an incident in the Visitor's Center
of the Men's Central Jail, the Ninth Circuit vacated a
default judgment against one
of two GMSR clients involved in the appellate proceedings, a supervising sergeant, and vacated the attorney
[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..]
With respect to the plaintiff's successful
default judgment against the defendant, Robert Card, the plaintiffs were awarded $ 9,346.36 inclusive
of fees, disbursements and GST.
In 1996, the Administrator
of the Motor Vehicle Accident Claims Act, 2012 ABQB 644, obtained a
default judgment against him for $ 194,875.
In the midst
of ex-attorney's efforts to collect fees from ex-client, ex-client filed a «collateral attack»
against ex-attorney relating to a 1999
default judgment which was ultimately vacated in earlier proceedings.
Following one week trial, obtained defense
judgment finding that business plaintiff failed to prove causation
of any damages in misappropriation
of trade secrets case where
default judgment had been entered
against defendants when represented by predecessor counsel.
Failure to respond to a lawsuit (also known as «service
of process» in the form
of a «summons» and «complaint») in a timely manner will result in a
judgment by
default and financial liability or more
against the company.
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.
US receivers
of a bankrupt trust engaged in a commercial scheme in the US and Canada sought recognition in the English court and also to enforce a US
default judgment for US $ 160,000,000 obtained
against certain parties who had taken money from the trust when it was insolvent.
Lucasfilm has obtained a
default judgment for trade mark and copyright infringement in California
against him in the sum
of US$ 20m.
The defendant did eventually appear, presumably after learning
of the award
of $ 100,000
against him, and attempted to set aside the
default judgment.
Accordingly, it is possible for a defendant to agitate the doctrine
of contributory negligence despite having
default judgment [15] or summary
judgment [16] entered
against him or her.
Under Section 93 -5-7
of Mississippi's code, if your spouse reacts to service
of your complaint by ignoring the whole process, the court will not enter a
default judgment against him.
The Owner never entered an appearance and so the court entered a
default judgment of $ 2000
against the Owner.
If the purchase money loan for any type
of real property is financed by the seller and secured by that same property, the lender / seller may not obtain a deficiency
judgment against the
defaulting borrower / buyer..