Magistrate making a ruling in a Judgment case

What Is A Court Judgment?

Do you really understand:

  • What is a Court Judgment
  • How a court Judgment is entered
  • What ISN’T a Court Judgment (and why you should know)
  • Who can enter a Court Judgment
  • Who can apply to have a Court Judgment entered
  • Why would a Court Judgment be applied for
  • How does a Court judgment affect you
  • How to remove a Court Judgment

Keep reading to have these questions answered…

 

Q.   What is a Court Judgment?
A.      Judgment (from Butterworth’s Australian Legal Dictionary)

  1. The determination of a court in legal proceedings.
  2. Any order,of.the court for the payment of an amount of money or costs or otherwise:  for example (NSW) Dlstrict Court Act 1973 s 84.
  3. A judgment also includes a decree or order, whether final or interlocutory, or a sentence: (CTH) Federal Court of Australia Act 1976 s 4.A Court Judgment is an order of a court for the payment of a liquidated amount and/or ruling requiring the carrying out of certain steps by one or more parties to the proceedings

 

Q.   How a Court Judgment is entered?
A.      A court judgment is entered upon the initiative of the plaintiff after the initiating Court documents are served upon the defendant and the defendant did not file a defence in the proceedings.
The court judgment is entered upon the plaintiff filing an application or notice of motion for default judgment and supporting affidavit filed by or on behalf of the plaintiff

Q.   What ISN’T a Court Judgment (and why you should know)?
A.      A Writ and Summons is not a Court Judgment as a Writ and Summons are the initiating documents that are filed in Court and served upon the defendant.
Why you should know? Because a Writ and Summons are not final orders of a Court. The down side is that it is often viewed with the same negativity as a Judgment by creditors.

Q.   Who can enter a Court Judgment?
A.     Only a court of law can enter a judgment

Q.   Who can apply to have a Court Judgment entered?
A.      Only a plaintiff or claimant, being the party who instituted the legal proceedings can apply to a court to have judgment entered against the defendant

Q.   Why would a Court Judgment be applied for?
A.      A court judgment would be applied if the defendant has not filed a defence to the proceeding and has not paid the amount owing to the plaintiff or claimant

Q.   How does a Court Judgment affect you?
A.      The effect of a court judgment is that it is listed on your credit file(s) for 5 years and the court judgment is enforceable for up to 15 years from the date judgment was entered

Q.   How to remove a Court Judgment?
A.      A written consent to set aside the Judgment is required from the plaintiff or claimant.

MyCRA Lawyers can help you apply to the courts to have the Judgment removed and then file all the additional paperwork correctly to apply to have your Judgment removed from your credit file(s).

If you need to check what is on your credit file today, MyCRA Lawyers (Tel: 1300-667-218) can help you get a copy (with no trace of MyCRA Lawyers) of your Equifax (Formerly Veda Advantage) Credit file (with your credit score) and a copy of your Dun & Bradstreet credit file from within one business hour…

To get a copy of your Equifax (Formerly Veda Advantage) and your Dun & Bradstreet credit reports, call MyCRA Lawyers on 1300 667 218 now.

If Judgments are stopping you getting your finance, Call MyCRA Lawyers has been successful in removing Court Judgments, Court Writs and other Court Actions from your credit files.

Call MyCRA Lawyers now on 1300-667-218 to have MyCRA Lawyers help you remove Court Judgments now. 

 


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