what does post judgement mean

what does post tax mean

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Experience: Attorney in practice since 1996

replied 8 years ago.

I'm not sure I understand that terminology but I will answer the best I can.

"Post judgment" just means anything that occurs after a judgment has been issued by a court. For example, once a judgment is entered against the defendant, post-judgment interest usually accrues on the judgment amount, so that the defendant has to pay interest on the judgment to the plaintiff.

However, it sounds like you're talking more about a Default Judgment. Generally, when a plaintiff files a lawsuit against the defendant (normally done by filing a "Complaint"), if the defendant does not answer the Complaint by filing an "Answer" or other responsive pleading within a set time frame (usually 20 days from receiving the Complaint or 23 days from receiving the Complaint if the Complaint was received by mail) then the Plaintiff may ask the court to issue a Default Judgment against the Defendant, which just means the Plaintiff is asking the court to rule in Plaintiff's favor since the Defendant failed to respond in the time limit set by law. In a small claims case, a Default Judgment might be rendered against the defendant if the defendant fails to attend the trial since an Answer isn't normally required in small claims cases. A Default Judgment is just an automatic judgment against the defendant because the defendant failed to answer or attend a trial (i.e. did nothing).

Sometimes a Default Judgment can be overturned if the defendant timely requests the the court overturn the Default Judgment (frequently within one year of the judgment date) and explains to the court a good reason why the defendant failed to respond to the original Complaint (such as not receiving the Complaint, being a minor or incapacitated person who didn't understand the Complaint, out of the country on military duty, etc). The defendant in some cases has to show that if he or she had responded to the lawsuit timely that he or she had at least a fair chance of winning the lawsuit (called a "meritorious defense"). Frequently the motion to overturn the default judgment must be done within one (1) year of the judgment though in some situations it can be a longer time period. Many states have a code section allowing a default judgment to be overturned according to guidelines similar to the following:

"Overturning Default Judgment: Mistake - Excusable neglect - Newly discovered evidence - Fraud, etc. On motion and upon such terms as are just the court may relieve a party or his legal representative from an entry of default, final order, or final judgment, including a judgment by default, for the following reasons:

(1) mistake, surprise, or excusable neglect;

(2) any ground for a motion to correct error, including without limitation newly discovered evidence, which by due diligence could not have been discovered in time to move for a motion to correct errors under Rule 59;

(3) fraud (whether heretofore denominated intrinsic or extrinsic), misrepresentation, or other misconduct of an adverse party;

(4) entry of default or judgment by default was entered against such party who was served only by publication and who was without actual knowledge of the action and judgment, order or proceedings;

(5) except in the case of a divorce decree, the record fails to show that such party was represented by a guardian or other representative, and if the motion asserts and such party proves that

(a) at the time of the action he was an infant or incompetent person, and

(b) he was not in fact represented by a guardian or other representative, and

(c) the person against whom the judgment, order or proceeding is being avoided procured the judgment with notice of such infancy or incompetency, and, as

against a successor of such person, that such successor acquired his rights therein with notice that the judgment was procured against an infant or incompetent, and

(d) no appeal or other remedies allowed under this subdivision have been taken or made by or on behalf of the infant or incompetent person, and

(e) the motion was made within ninety [90] days after the disability was removed or a guardian was appointed over his estate, and

(f) the motion alleges a valid defense or claim;

(6) the judgment is void;

(7) the judgment has been satisfied, released, or discharged, or a prior judgment upon which it is based has been reversed or otherwise vacated, or it is no longer equitable that the judgment should have prospective application; or

(8) any reason justifying relief from the operation of the judgment, other than those reasons set forth in sub-paragraphs (1), (2), (3), and (4).

The motion shall be filed within a reasonable time for reasons (5), (6), (7), and (8), and not more than one year after the judgment, order or proceeding was entered or taken for reasons (1), (2), (3), and (4). A movant filing a motion for reasons (1), (2), (3), (4), and (8) must allege a meritorious claim or defense. A motion under this subdivision (B) does not affect the finality of a judgment or suspend its operation. This rule does not limit the power of a court to entertain an independent action to relieve a party from a judgment, order, or proceeding or for fraud upon the court. Writs of coram nobis, coram vobis, audita querela, and bills of review and bills in the nature of a bill of review, are abolished, and the procedure for obtaining any relief from a judgment shall be by motion as prescribed in these rules or by an independent action."

Generally if a defendant finds out that a default judgment was entered against him or her unfairly, he or she should see a attorney in their area to see about overturning the default judgment quickly, before any deadlines to do so expire.

I hope this helps and a positive feedback is always appreciated if this was useful to you.

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Source: www.justanswer.com

Category: Taxes

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