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Default Prove Up Hearing With Motion In North Carolina
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Multi-State
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US-0020LTR
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FAQ
If you do not timely respond or contact the plaintiff's counsel, the plaintiff may move for entry of default and default judgment against you. If that judgment is obtained, the defendant may receive a “Notice of Right to Designate Exemptions,” which begins the process of attempting to collect the judgment against you.
- Whenever a party has the right to do some act or take some proceedings within a prescribed period after the service of a notice or other paper upon him and the notice or paper is served upon him by mail, three days shall be added to the prescribed period.
On a motion for a new trial in an action tried without a jury, the court may open the judgment if one has been entered, take additional testimony, amend findings of fact and conclusions of law or make new findings and conclusions, and direct the entry of a new judgment.
– Clerical mistakes in judgments, orders or other parts of the record and errors therein arising from oversight or omission may be corrected by the judge at any time on his own initiative or on the motion of any party and after such notice, if any, as the judge orders.
Johnson, 41 N.C. App. 299 (1979). Rule 60 codifies this practice, permitting the judge to correct clerical mistakes in judgments, orders, or other parts of the record at any time on the judge's own initiative or on a party's motion after such notice, if any, as the judge orders.
Rule 55 provides: If, in order to enable the judge to enter judgment or to carry it into effect, it is necessary to take an account or to determine the amount of damages or to establish the truth of any averment by evidence or to take an investigation of any other matter, the judge may conduct such hearings or order ...
A Judge will need to sign the Order to Show Cause, and the Case Manager will set a court date. You will leave your paperwork there with a number where you can be contacted. Once the Judge has reviewed your paperwork someone will call you to pick the paperwork up.
A Judge will need to sign the Order to Show Cause, and the Case Manager will set a court date. You will leave your paperwork there with a number where you can be contacted. Once the Judge has reviewed your paperwork someone will call you to pick the paperwork up.
Filing the Documents Take the original and two (2) copies of the Motion to the Civil Division of the Clerk of Superior Court's office in the county where your case is filed. The Clerk will stamp each Motion “filed,” place the original in the Court file and return two (2) copies of the “filed” document to you.
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A: To file a motion for default judgment in a civil case in North Carolina, you need to follow specific procedures. A proof up hearing is where you have to provide evidence to the Court that will justify the Court in granting a Judgment to you.Motion for Evidence Rule 412 hearing. Can I get legal assistance with a Motion to Claim Exempt Property? An attorney can assist you in filling out the Motion to Claim Exempt Property. You will likely receive either an answer or a motion to extend time to answer. The answer or motion to extend time needs only to be filed within 30 days. Commencement of Action; Service of Process, Pleadings, Motions, and Orders. Civil cases can result in an award of money or in a court order to enforce or protect the rights of a party. Fill out an application to waive the filing fee if necessary.