This is a Complaint pleading for use in litigation of the title matter. Adapt this form to comply with your facts and circumstances, and with your specific state law. Not recommended for use by non-attorneys.
This is a Complaint pleading for use in litigation of the title matter. Adapt this form to comply with your facts and circumstances, and with your specific state law. Not recommended for use by non-attorneys.
Depending on whether your pleading was verified, or not, this can be as quick as a few days in cases where the clerk can enter default, or as long as a few weeks in the event a hearing is necessary in order to secure a default judgment.
If you do not think the default judgment was appropriately entered against you, you must file a motion with the court asking the judge to “set aside” (void or nullify) the judgment. If the judge grants your motion, the case starts back up again.
You have four main options to deal with a default judgment: Accept the judgment. Settle the judgment for less. Challenge the judgment. Pursue debt relief.
(g) Request for entry of default If a responsive pleading is not served within the time limits specified in this rule and no extension of time has been granted, the plaintiff must file a request for entry of default within 10 days after the time for service has elapsed.
A clerk default judgment may be obtained when the defendant fails to file a response to the summons and complaint within the time specified on the summons.
Most Courts, including California, put strict time limits on when that motion may be filed (six months from entry of default in California though this time limit may be altered based on various factors) and the longer the period of time from entry of default, the harder it is to have the Court remove it.
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.
File a motion to set aside or cancel the judge's decision You're allowed to file for a set aside for up to 6 months after the judgment was made.