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Hawaii Motion for Default Judgment - Non-Hearing - Default

Hawaii Motion for Default Judgment - Non-Hearing - Default

Name: Hawaii Motion for Default Judgment - Non-Hearing - Default
Brand: US Legal Forms
Price: 59.00 USD
Rating: 4.64 (417 reviews)

Category:

Hawaii Civil Procedure - Statewide - Default

State:

Hawaii

Control #:

HI-3DF4MTNHR

Format:

Instant download

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Description

This is an official form for a Motion for Default Judgment Without Hearing due to defendant's failure to appear at pre-trial conference or some other matter. Also included in the form are an attorneys' fee affidavit, certificate of service on the opposing party or counsel, and a proposed Order for the Court's review and signature.

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FAQ

Dispositive motions therefore can accelerate the resolution of a claim or lawsuit, promote efficiency, and conserve judicial resources. For example, motions for default judgment, motions to dismiss, and motions for summary judgment all may result in the disposition of claims without a trial.

In the U.S., the most common type of dispositive motions seeking to dispose of the entire lawsuit are those for summary judgment.A dispositive motion may also be used to request that an indictment be dismissed or quashed, or for judgment on pleadings.

A simple default doesn't mean you legally owe a certain amount of money. A default judgment identifies the amount you owe the plaintiff. You don't want this to happen because a default judgment makes you a judgment debtor. Plaintiff may use all sorts of legal procedures to legally take your money and property.

First, you can ask the court to set aside the default judgment and give you an opportunity to contest it. Next, you can settle the debt with the debt buyer for an amount less than what the default judgment is for. And finally you can eliminate the default judgment completely by filing for bankruptcy.

If you do not think the default judgment was appropriately entered against you, you must file a motion with the court asking the judge to set aside (void or nullify) the judgment. If the judge grants your motion, the case starts back up again.

After you notify the defendant of the judgment, you can begin to enforce the judgment. Your judgment might be for money, repossession, eviction, foreclosure, or any number of things. In any case, your rights at this point would be the same as if you had gone to trial and won.

You cannot appeal this kind of judgment and have a new trial until you vacate the default judgment, that is, until you have the judgment removed or erased. To vacate a default judgment, do the following:Get the form called Notice of Motion to Vacate Judgment from the small claims clerk.

What happens next? When you file your Motion and Affidavit to Set Aside Default, you will get a hearing date and time from the court clerk. At the hearing, the judge will grant or deny the motion. If the judge grants your motion, the default or default judgment will be set aside, and the case will move forward.

Hawaii Motion for Default Judgment - Non-Hearing - Default

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FAQ

Is a motion for default judgment a dispositive motion?

Is a motion for summary Judgement a dispositive motion?

What is the difference between default and default judgment?

Can you fight a default Judgement?

How do I overturn a default Judgement?

What is the difference between entry of default and default judgment?

What happens after motion for default Judgement?

Can a default judgment be appealed?

What happens after a motion for default is filed?

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