Motion For Entry Of Default Judgment

State:
California
Control #:
CA-CIV-100
Format:
PDF
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Description

Request for Entry of Default: A Request for Entry of Default is pursued when a Defendant fails to respond to a court pleading. If after a specified has passed and the Defendant still fails to file an answer, then the Petitioner, or filing party, may ask the court to enter a Default Judgment against the non-answering party. After entering the judgment, the Defendant is required to pay any and all damages requested by the Peititoner.

How to fill out California Request For Entry Of Default?

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FAQ

Once the default has been entered the defendant will no longer be allowed to fight the case in court. The landlord can then ask the court for a judgment for possession of the property and the money that is owed by the defendant.

You can ask to cancel, or ?set aside? a default judgment. You have to have a good reason for not responding in 30 days. If the judgment is canceled, you'll get a chance to answer.

Once the clerk enters a default in the court record, the defendant is no longer able to file a response or otherwise participate in the case. The plaintiff can also request a judgment entered in his or her favor, at the same time as the default, or later.

In New Jersey, that time is 35 days. In federal cases, that time is 21 days. This response is typically in the form of an answer to the complaint or a motion to dismiss. If the defendant fails to respond within the given timeframe, the plaintiff may request the court place an entry of default against the defendant.

Request for Entry of Default (Application to Enter Default) (CIV-100) Asks the court to enter a "default" against the defendant or cross-defendant because they failed to file an Answer or other responsive document in the case.

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Motion For Entry Of Default Judgment