This is an official Minnesota court form for use in a divorce case, an Affidavit of Default. USLF amends and updates these forms as is required by Minnesota Statutes and Law.
This is an official Minnesota court form for use in a divorce case, an Affidavit of Default. USLF amends and updates these forms as is required by Minnesota Statutes and Law.
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If the defendant fails to answer within the time specified in these rules, the court shall, upon motion of the plaintiff, order judgment against the defendant by default, and thereupon the court shall proceed to receive the plaintiff's evidence and render judgment granting him such relief as the complaint and the
Effect of failure to appear. 2212 The failure of the plaintiff to appear when so required pursuant to the next preceding section shall be cause for dismissal of the action. The dismissal shall be with prejudice, unless otherwise ordered by the court.
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.
If the complainant fails to attend, the prosecution will normally apply for an adjournment - in other words, apply for the hearing to be relisted on a future date.
Question: Can you overturn a default judgment? Yes, when there is a showing of excusable neglect and a meritorious defense. When a law suit is filed and a defendant fails to timely answered the complaint, the plaintiff may move for an entry of default judgment.