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.
Default Judgment For Injunction In Santa Clara
Category:
State:
Multi-State
County:
Santa Clara
Control #:
US-000299
Format:
Word;
Rich Text
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FAQ
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.
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.
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.
It has two parts: (1) a reasonable excuse for missing the original court date; and (2) a meritorious defense (a good defense). There is a time limit for moving to vacate a judgment because of excuseable default — one year from the date you were served with a copy of the judgment.
File the original and both copies with the Clerk. Complete the rest of this guide when you are ready to request the judgment. Your deadline is within 45 days after entry of default, unless you ask the court for an extension.
The Easy Part You must have appealed the judgment within 6 months of the judgment being signed, you must have been named in the lawsuit you failed to appear for in court, and you must not have participated in the hearing or filed various paperwork around the time of the court date.
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.
If the court has entered a default judgment against you, the plaintiff can collect it like any other judgment. That means she can try to garnish your wages or attach your bank accounts, among other things.
Act promptly in applying to set aside the judgment (usually within 14 days); explain that you had a good reason for missing the hearing, and. would have had a reasonable prospect of success at the hearing.
More info
You can ask for a default and a default judgment at the same time or in 2 steps. This guide includes a template complaint with cause of action for injunction.It will not fit your circumstances exactly and must be customized. If a default judgment has been entered against you there may be ways to have it vacated or set aside. You must complete the form Claim of Right to Possession and. Notice of Hearing (form CP10) and give it to the sheriff or levying officer. The full text of Plaintiffs' proposed injunction is set forth in the Complaint, and is repeated in Plaintiffs' Proposed Judgment. Plaintiff PEOPLE OF THE STATE OF CALIFORNIA's Request for Default Judgment.