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.
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.
Unlike private loans, the Department
of Education (DOE) can begin collecting
on a
defaulted student loan without a lawsuit and / or
judgment.
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.
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
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.
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.
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.
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...
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.
[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.
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.
She has appeared before the Ontario Superior Court
of Justice and Small Claims Court,
on a range
of matters including express motions,
default judgments, settlement conference, and trial management conferences.
a petition was filed seeking a
judgment solely
on grounds that the respondent (s)
defaulted in the payment
of rent; and
- In December 2008, after several failed attempts to serve a couple with court documents by email and text messaging their mobile phones, an Australian lawyer won the right to serve a
default judgment by posting the terms
of the
judgment on the defendant's Facebook Wall.
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
The Court
of Appeal held that in doing so the motion judge essentially disposed
of the case
on its merits as opposed to merely setting aside the
default judgment and allowing the case to proceed defended.
The court considers the absent spouse in
default, assumes there is agreement
on the terms
of the divorce and signs the
judgment of divorce just as in a mutual uncontested divorce.
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on In Florida, Homeowners Deciding Between Short Sale vs Foreclosure and When to Buy a Home Again — Things to Consider Tags: Bank
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Judgments, Florida Real Estate Foreclosures, Foreclosure defense attorney, foreclosure defenses, Foreclosure Settlement, Mortgage foreclosure, Short Sale Counseling, Short Sales, strategic
default, Underwater Mortgage
Kaplon - Belo Assoc. v. Farrelly (221 A.D. 2d 321)- summary
judgment granting broker's commission affirmed; broker entitled to commission when procures tenant ready, willing and able to lease
on terms acceptable to lessor; lessor's execution
of lease with procured tenant entitles broker to commission notwithstanding tenant's
default under lease shortly after its execution; agent for an undisclosed or unidentified principal is individually liable
on contract signed by agent without disclosing his agency
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on Florida Legislature Annual Session Begins Today: Proposed Laws That Impact South Florida Home Owners In a Big Way Are
on the Table Tags: Bank
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Judgments, Florida Homestead, Florida Law, Florida Real Estate Foreclosures, Property foreclosure, Short Sale Counseling, strategic
default, Wrongful Foreclosure