Alabama Official Form - Application, Entry, and Affidavit of Default against a defendant.
Alabama Official Form - Application, Entry, and Affidavit of Default against a defendant.
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If you file a motion to vacate a default or a default judgment, you must file an answer to the original complaint along with any cross claims or counterclaims you may wish to assert, and the motion must be accompanied by the appropriate fee. Make a check or money order payable to Treasurer, State of New Jersey.
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. A Motion to Vacate is one way by which a defendant can avoid enforcement of a default judgment.
A request for default is filed in an adversary case and is filed by the plaintiff against the defendant when the defendant has failed to answer the complaint, plead or defend. The Clerk can grant the request certifying that the defendant has failed to answer, plead or defend.
In order to vacate, set aside, or remove a default judgment in New York, you must make a motion to the court in which the judgment was entered. The motion will contain a specific request for the court to vacate the judgment and return monies taken to satisfy the judgment.
When a default is entered, the party who requested the entry of default must obtain a default judgment against the defaulting party within 45 days after the default was entered, unless the court has granted an extension of time.