Default Judgment Forms With Miniatures
Description
How to fill out Application For Entry Of Default - Affidavit - Motion - Entry Of Default - Default Judgment?
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FAQ
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.
A defendant noted in default thus faces a potential judgment ordered against them in two ways: (1) having a default judgment ordered against them; (2) having a regular judgment if the default is set aside and the case goes to trial.
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.
Default of appearance in case of non-appearance of the defendant. If the court is of the opinion that the defendant has been called in a proper manner, but has failed to appear (or to appear in the correct manner, e.g. not trough a lawyer), the court will declare the defendant to be in default of appearance.
A very important fact you should keep in mind is that California courts do impose a timeline for seeking entry of a default judgment. Specifically, a request for entry of default must be filed within 10 days following a defendant's failure to timely file and serve a responsive pleading.