Judgment Note Form For Default In Kings
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FAQ
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.
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.
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.
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.
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.
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.
As further bad news, default judgments do not simply vanish. The lien of a default judgment lasts five years and may be easily and repeatedly revived and transferred to other counties or states.
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.
Orders of default judgment (aka judgment in default) are obtained in two different ways: by using an administrative process – a Request - judgment is entered by a court officer; or. by filing an application for Judgment in Default, with a Form N244 Application Notice.
Once the clerk has entered a default on the docket the requesting party may file a motion for entry of default judgment under Rule 55 of the Federal Rules of Civil Procedure.
