Quick Reconveyance Module 6

A default judgment is applicable if the Defendant does not respond within the number of days allowed by your State’s rules of civil procedure.  In some states, it is 20 days for in State service and 30 days for out of State service.  Again, refer to your own State’s rules of civil procedure for specifics.

If the other side have sent in a notice that they wish to appear, then in most state’s rules of civil procedure, you will need to notify opposing counsel with your intent to file for a default judgment.  In Oregon for example, they will have 10 days additional time if they file a notice to appear.  Let me give you an example.  In Oregon, we have a 30 days time to respond.  If by day 20, they file a notice to appear but did not respond, you will then notify them that you intend to file a motion for default judgment.  That way, on day 31 you can file that motion for default judgment.

Again, PLEASE REFER TO YOUR own State Rules of Civil Procedure for specifics.  Consult with Prepaid Legal for confirmation.

When you file a motion, you must also file an Order.

Customize:

or if it is with a DIFFERENT LENDER

When the time is right, ie. on day 31 in most states…, file the above motion and order to the court…and notify the other side via standard mail.

Print 3 copies.

The reason you want to file two copies to the court is because you want the court to keep a copy and send you a copy.  Be sure to include a self addressed envelope with the filing to make it easy for the court to send your copy back to you.

Be sure to fill out the General Judgment also.  Some States…like Oregon, requires a general judgment to be filed as well.  Check with Prepaid Legal and/or your Court Clerk for specifics.

You then wait for the judge to sign.

Be sure to call your court and follow up the progress.  It could take as long as 2 months.