Default Prove Up Hearing With Attorney In Nassau
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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.
Once the judgment is set aside, the case starts up again. If you do not file an answer with the court to defend against plaintiff's complaint, you could again be defaulted and another default judgment could be entered against you.
In this process, a judge (rather than a clerk) determines how much the plaintiff can collect after reviewing the amount requested by the plaintiff, which may require a court hearing. Once the default prove-up process is finished and a ruling by the judge is provided, the case is complete.
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.
Generally, if a defendant fails to respond to a complaint you can get a default judgment after 45 days. However, the court system is very slow these days and it can take several months to get the court to issue the default judgment.
Challenging the Entry of Default 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.
This brief hearing allows you and your soon-to-be ex to present divorce settlement terms and corresponding evidence for the judge's ultimate approval. However, the judge can still exercise discretion to make further changes as they deem appropriate.
Generally speaking, in a default hearing, you will get everything that you asked for that is allowable under the law. When the other side chooses not to respond, the court has the discretion to award relief on every issue that you requested. Keep in mind that they cannot give you something that the law does not allow.
A default prove up hearing occurs when the defendant has failed to respond to the plaintiff's complaint within the specified time frame. As a result, the defendant is considered to be in default, and the hearing is held to determine the appropriate judgment in favor of the plaintiff.
