State Court Motion For Default Judgment
Description
How to fill out Motion For New Trial?
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FAQ
A default judgment is a judgment entered in the trial court when a defendant hasn't filed a response in a timely manner. For a response to be timely, it must be made by 10 a.m. on the Monday following the expiration of 20 days after the date the defendant was served with the citation and petition.
A court may enter default, and ultimately default judgment, against a party that fails to plead or otherwise defend against a claim for affirmative relief that has been asserted against that party. MCR 2.603.
You can ask to cancel, or ?set aside? a default judgment. You have to have a good reason for not responding in 30 days. If the judgment is canceled, you'll get a chance to answer.
For example, let's say Annie files a lawsuit against Bridget. Bridget appears in court to argue her side of the case, but Annie forgets to go to court. The judge enters a default judgment against Annie and dismisses the lawsuit because Annie did not show up in court.
How to File a Motion and Affidavit to Set Aside a Default or Default Judgment Step 1: Prepare your forms and find out how you will file. ... Step 2: Sign your Motion and have it notarized. ... Step 3: Make copies. ... Step 4: File your Motion and pay the filing fee. ... Step 5: Serve your Motion. ... Step 6: Prepare for your hearing.