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How is a Judgment in Default of Appearance entered? A legal action in the civil courts are initiated via a Writ of Summons or an Originating Summons. Upon the issuance of the sealed Writ by the Court, the Plaintiff is to serve the sealed Writ to the Defendant within 6 months after the writ is issued by the Court.
Obtaining Default JudgmentsStep One: Obtain an Entry of Default. File a written request for the entry of a default.Step Two: File a Motion for Entry of Default Judgment.7 Days After Summons Issued.90 Days After Filing Complaint.Step Three: Submit a Proposed Default Judgment.
Obtaining Default JudgmentsStep One: Obtain an Entry of Default. File a written request for the entry of a default.Step Two: File a Motion for Entry of Default Judgment.7 Days After Summons Issued.90 Days After Filing Complaint.Step Three: Submit a Proposed Default Judgment.
The term Default Judgment refers to a Judgment which is granted against a Defendant who was in default of defending the matter. The process, briefly, is as follows: Summons is issued against a Defendant and thereafter served on the Defendant by the Sheriff of the Court.
There are four instances where default judgment may be entered into: The defendant has not served and filed a notice of intention to defend. The defendant failed to serve and file a notice of intention to defend timeously (see below). The defendant failed to file a plea.