What is a Default
Judgment?
A default judgment is a judgment entered
by the Court granting the other party’s
request for relief contained in his/her
Motion.
Why Am I Getting a
Default Judgment?
You are receiving this default judgment
because you did not appear at your Court
hearing after you were served with a
witness subpoena OR you did not answer
the Paternity Complaint within the time
you were suppose to answer.
What Does it Mean?
It means the Court granted whatever the
state asked for in the Motion or Complaint
because you did not answer. The judgment
/ order lists all the things that the court
orders you to do. It is important that you
obey this order.
What Shall I Do?
If you disagree with the court’s order /
judgment you have to ask the Court in
writing to “vacate” or remove the
default judgment by filing a Motion with
the Court. The Motion must list the
reason(s) for your request. The law lists
as reasons fraud or misrepresentation.
Sometimes the Court will “hold” the
order until a hearing is held to determine
whether fraud or misrepresentation has
occurred in the case. There is a time
limit for this Motion so please do not
delay.
What if the
Judgment is not
Vacated?
If the judgment or order is not vacated
(removed) the list of things that the
Court has ordered stands. You will be
expected to either do or pay whatever
that order states.
If it is a Paternity Judgment, you are
the legal father of this child;
If you were ordered to pay child
support and do not pay, the
following may happen:
• Your income tax refund may be
taken;
• The OCSS may refer you for
driver’s license suspension;
• a lien or “hold” may be placed
on your bank account or your
insurance settlement
• Your name may be sent to the
credit bureau
• Your lottery winnings may be
witheld.
These actions will take place
automatically.
If you have any questions
please contact the
Office of Child Support
Services at:
401-222-2847
Important
informa