Notice of Motion for Final Judgment and Proof of Amount Due. This document is submitted to request that a Final Judgment of Foreclosure be entered by the court. It includes a breakdown of the amount owed by the defendant.
If you want to file a motion, the process is generally something like this: You write your motion. You file your motion with the court clerk. The court clerk inserts the date and time your motion will be heard by the judge. You “serve” (mail) your motion to the other side.
The Reply in Support of the Cross Motion. If a cross motion is filed, the party filing the cross motion is authorized to file a reply in response to the affidavit in opposition to the cross motion. It consists of an affidavit, an affirmation, and exhibits, if any.
Check with the court clerk or Court Service Center to make sure you are following the rules. Step 1: Fill out the court forms. link. Step 2: File the court forms with the clerk. link. Step 3: Tell the other party about the court case. link. Step 4: Return the original papers to the clerk. link. Step 5: Go to your court hearing.
A defendant can challenge the entry of default by filing a motion pursuant to Federal Rule of Civil Procedure 55(c), which allows the court to set it aside for “good cause” shown. Under certain circumstances, the court is required to do so.
To set aside a default judgment, the defendant must demonstrate that its failure to answer or otherwise appear and defend was due to excusable neglect under the circumstances and that it has a meritorious defense either to the cause of action itself or the quantum of damages assessed.