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Default Prove Up Hearing With California In Pennsylvania
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Multi-State
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US-0020LTR
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FAQ
At the hearing, the judge will decide to grant or deny the motion. If the judge grants your motion, the default or a default judgment will be set aside, and the case will move forward.
To stop the entry of a default or default judgment before it is entered, one generally has to file something in court. This can be an Answer, a Motion to Extend Time, a Motion to Quash Service of Process, or perhaps others. A motion will likely interrupt entry of a default, but a motion is merely a request.
If you didn't get the papers that started the lawsuit (you weren't served) or you couldn't respond for a really good reason, like you were in the hospital or serving in the military, you may be able to cancel the default judgment and defend yourself.
A default prove up is essentially a short court hearing where the individual seeking the divorce presents evidence to the judge. This is necessary because, in a default situation, the judgment is submitted without the agreement or participation of the other spouse.
If you're sued, you can choose to do nothing. This means that you do not file any response by the deadline. The Plaintiff then can ask the judge to decide the case without your input. This is called a default or a default judgment.
A default prove up is essentially a short court hearing where the individual seeking the divorce presents evidence to the judge. This is necessary because, in a default situation, the judgment is submitted without the agreement or participation of the other spouse.
For that purpose the judgment debtor should approach the plaintiff/judgment creditor or his/her/its attorney to obtain the written consent to rescission of judgment. There is however no requirement in law that obliges a plaintiff/judgment creditor to give a consent to rescission of judgment.
If the court has your address, the clerk mails you a Notice of Entry of Default. If they sent this, you must file and serve the request to set aside within 180 days from the date you were served that notice.
(A) An appeal to the Court of Common Pleas from an order of the Municipal Court granting or denying a petition to open a default judgment or any other post-judgment order which would have been appealable had it been entered by the Court of Common Pleas shall be filed within thirty (30) days from the date of entry of ...