Default Judgment

News & Analysis as of

UGG: Default Judgment and Treble Damages Entered Against Defendant Where Defendant Failed to Participate in Discovery

Plaintiff Deckers Outdoor Corporation ("Plaintiff") alleged that Defendants Superstar International, Inc. and Sai Liu ("Defendants") produce, advertise, and sell products that infringe Plaintiff's design patents for UGG...more

What Happens If You Default in Your Divorce Proceedings?

In an interesting case, Clementi v. Clementi, Wife petitioned the court for sole ownership of the mortgage free marital home, estimated at $200,000, when her Husband failed to respond to her divorce complaint which resulted...more

Two Steps to Avoiding a Default Judgment in Your Arizona Debt Collection Lawsuit

Too often I meet with people that have either ignored the fact that have been sued by one of their creditors or even more troubling- aren’t even aware that there is lawsuit is pending against them....more

Open the Door! Why You Shouldn’t Avoid Being Served in Your Debt Collection Lawsuit

Over the years I have noticed that I revisit the topic of whether or not you should avoid the process server in your debt collection lawsuit. It is usually spurred on by a person I meet with in a consultation who had a...more

New York State Court Proposes Debt Collection Rules

Courts in New York proposed amendments to court rules aimed at “reform[ing]” consumer credit collection cases in order to “prevent unwarranted default judgments and ensure a fair legal process.” The amendments would require...more

Unsettled Questions Remain Under The SCRA

The Servicemembers Civil Relief Act (SCRA) protects active duty members of the military in civil actions, including foreclosures and collections. Section 533 of the Act applies to persons entering the military after incurring...more

Meet Illinois’ Newest Power Couple: NLRB Region 13 And Illinois DOL Enter Into Formal Cooperation Agreement; NLRB Softens Strict...

The past few weeks have brought potentially important developments for employers at both the local and national level. First, in Chicago, the Regional Director for Region 13 of the National Labor Relations Board, Peter Sung...more

Real Property, Financial Services & Title Insurance Case Law Update: Weeks Ending February 21 And 28, 2014

I. FLORIDA STATE CASES – JOURDAN HAYNES & ILAN NIEUCHOWICZ - Relation-Back: amended complaint naming third-party defendant as defendant relates back to filing of third-party complaint where (a) third-party complaint...more

Autopsy of a Debt Collection Lawsuit – How to Overturn a Default Judgment in Arizona

Autopsy of a Debt Collection LawsuitRecently I read an article that said nearly 98% of debt collection lawsuits ended up in a default judgment. A default judgment is entered with the person getting sued doesn’t respond to...more

The Perils of Not Showing Up: Default Judgment Entered Against Two Former Siemens Executives for Record US$1.46 Million in...

On February 3, 2014, Judge Shira A. Scheindlin of the U.S. District Court for the Southern District of New York issued a default judgment in U.S. Securities and Exchange Commission v. Sharef, et al. against two former Siemens...more

US China Trade War – Default Dangers, Trans Pacific Partnership In Jeopardy, Trade, Customs Antitrust And Securities

There have been some major developments in litigation, including dangers of default judgments, trade, Solar Cells, Chinese Antidumping, patents, US/Chinese antitrust, and securities areas. January was a very important...more

Illinois Supreme Court Limits Foreclosure Challenges Once Motion to Confirm Filed

This morning, the Illinois Supreme Court filed its opinion in Wells Fargo Bank, N.A. v. McCluskey, holding that once a motion to confirm a judicial sale in a foreclosure action has been filed, the generous grounds set forth...more

Don’t Ignore Your Midland Funding Lawsuit (No…Seriously…Don’t Ignore It)

I don’t know how much more I can take. Day in and day out I meet with people that have been sued by Midland Funding, Equable Ascent, LVNV, LLC, Portfolio Recovery – and a long list of the other debt buyers. And many – too...more

Gotham Insurance Company Finds Dark Knight

The United States District Court for the Middle District of Florida recently entered summary judgment in favor of Gotham Insurance Company (“Gotham”), finding no coverage for a substantial default judgment entered against its...more

New York DFS Seeks Stronger Court Rules for Default Judgments in Collection Actions

A proposal by the New York Department of Financial Services (DFS) would substantially drive up the costs of bringing consumer debt collection actions in the state. The DFS is seeking stronger court rules for obtaining default...more

How to Overcome a Default Judgment

Most debt collection lawsuits end with the court entering a default judgment. Default judgments are entered when you get sued and either don’t know about it or simply ignore it. Some surveys show that when it comes to...more

Mandatory Relief from Summary Judgment? Courts Are Still Split.

Code of Civil Procedure section 473, subdivision (b) requires a court, under certain circumstances, to grant relief from default or dismissal that results from counsel’s mistake, inadvertence, surprise, or neglect. In a...more

An Overview of the Receivership Process in Tennessee

Lenders have a number of options when faced with a borrower in default. In Tennessee, one option to seriously consider is seeking appointment of a receiver. A receiver will step into the role of the borrower or management...more

Report by consumer group attacks debt collection industry

It’s not necessary to read more than the cover page to know that the debt collection industry does not fare well in the report issued this week by the New Economy Project (NEP). The cover page reads: “The Debt Collection...more

Tax Lien Purchasers Must Give MERS Notice, Says Arizona Appeals Court

Recognizing MERS’s role in modern day mortgage lending, the Arizona Court of Appeals confirmed in Delo v. GMAC Mortgage, LLC that tax lien purchasers must notify MERS when identified in the Deed of Trust before foreclosing on...more

Appellate Notes: Week of April 18th

Welcome to our Supreme and Appellate Court summaries webpage. On this page, I provide abbreviated summaries of decisions from the Connecticut appellate courts which highlight important issues and developments in Connecticut...more

Surprise! Where did this Judgment Come From?

Probably half a dozen times per week I meet with someone who has been notified that their next check is going to be a quite a bit lighter – wage garnishment. If you are living paycheck to paycheck finding out your wages are...more

First Department Upholds Commercial Division Decision Striking Parties' Answer And Entering Default Judgment As A Sanction For...

In Suffolk P.E.T. Mgt., LLC v. Anand, 2013 NY Slip Op 02335 (First Dep’t April 4, 2013), the Appellate Division, First Department affirmed an Order by the Supreme Court, New York County Commercial Division (Bernard J. Fried,...more

You Lost a Lawsuit And There Is A Final Judgment Against You – Or Is It? #Judgments

It is not uncommon for a person to receive notice that a default judgment has been entered against them in a lawsuit, even though the person may have not ever known of the existence of the lawsuit. ...more

In re Canopy Financial, Inc.: A Primer From the Seventh Circuit on Excusable Neglect

What is “excusable neglect” under Fed. R. Civ. P. 60(b)(1)? The answer is that it depends, but generally it’s not much. That’s the first lesson from the Seventh Circuit’s recent decision in In re Canopy Financial, Inc., No....more

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