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Ent debtor named in and you disagree with this Declaration of Default in Payment of Judgment, you may file Response to Declaration of Default in Payment of Judgment (Form SC-224) within 10 days after the declaration was mailed to you. I am asking the court to order that the remaining balance of a small claims judgment is now due and collectible because payments were not made as the court ordered. My name is: Mailing address: To keep other people from seeing what you entered on your form, pl.
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Disagreeing FAQ
After a default judgment, the Plaintiff will try to collect the money you owe. The Plaintiff may be able to take money from your paycheck or bank account and put a lien on your property. If you don't have any assets to pay the debt, you can let the Plaintiff. They may give up or try to collect in the future.
A default ends the defendant's chance to file a response because the defendant has not responded in time. You must ask for a default within 10 days of the defendant missing the deadline to respond.
In California, entry of default completely cuts off a party's right to appear in the action (e.g., take discovery, file motions other than a motion for relief from default or contest the material allegations of the complaint for purposes of the action).
You have four main options to deal with a default judgment: Accept the judgment. Settle the judgment for less. Challenge the judgment. Pursue debt relief.
(a) Entering a Default. When a party against whom a judgment for affirmative relief is sought has failed to plead or otherwise defend, and that failure is shown by affidavit or otherwise, the clerk must enter the party's default.
This means that you do not file any response by the deadline. The Plaintiff then can ask the judge to decide the case without your input. This is called a default or a default judgment.
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. Can be used to ask for a default alone, or also a default judgment.
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.
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