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.
Entry of Default in California: A Detailed Description and Types In California, an Entry of Default refers to a legal procedure that occurs when a defendant fails to respond or appear in court within a specified time frame after being served with a summons and complaint. When the defendant fails to take action, the plaintiff can request the court to enter a default against the defendant. This default acts as an acknowledgment of liability or fault on the part of the defendant, leading to potential legal consequences. There are two primary types of Entry of Default in California: 1. Entry of Default by the Clerk: This type is applicable when the plaintiff's complaint seeks a sum of money only. If the defendant fails to respond within 30 days after being served, the plaintiff can request the clerk to enter the defendant's default. The clerk then records the default, and the case moves forward to determine the damages and relief sought by the plaintiff. 2. Entry of Default by the Court: This type comes into play when the complaint seeks more than just a sum of money (e.g., equitable relief, specific performance, or injunction). In such cases, if the defendant fails to respond within the specified time frame, the plaintiff must request the court to enter a default against the defendant. The court then reviews the case, ensuring proper service of the summons and complaint, before granting the default judgment. Once a default is entered, the plaintiff can proceed to request a default judgment. A default judgment determines the rights and obligations of the parties involved based on the allegations made in the plaintiff's complaint. The court may require the plaintiff to provide supporting evidence and legal arguments before granting a default judgment. This judgment could involve awarding monetary damages, issuing injunctions, or granting other appropriate relief sought by the plaintiff. However, it is essential to note that defendants have rights too. If a default has been entered against them, they can file a motion to set aside the default judgment under specific circumstances. Valid reasons for setting aside a default judgment may include mistakes, excusable neglect, or a lack of proper service. In conclusion, an Entry of Default in California is a legal mechanism used when a defendant fails to respond or appear in court. It can result in potential legal consequences for the defendant, such as a default judgment. The two main types of Entry of Default are Entry of Default by the Clerk and Entry of Default by the Court, each applicable under different circumstances. However, defendants also have the right to file a motion to set aside a default judgment if valid reasons exist.
