Default Motion Judgment Form With Motion
Description
How to fill out Application For Entry Of Default - Affidavit - Motion - Entry Of Default - Default Judgment?
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FAQ
To make a default judgment, you must first file a motion for default. This process typically includes submitting a default motion judgment form with motion that meets court requirements. If the opposing party does not respond in the allotted time, the court may grant your request. Always verify your local court's rules before proceeding.
You file a motion by completing the form and filing it with the same court that signed the default entry or default judgment. There is a $20 motion fee for filing a motion to set aside default.
If you missed a court hearing on a blight ticket and a blight judgment was entered against you by default, you may file a motion to set aside the default judgment. You must file the motion within 21 days of the hearing and pay certain filing fees and costs.
You have 21 days from when the default judgment was entered to request it be set aside so you can defend the case. If you were not personally served with the summons and complaint and did not learn about the case until after the default judgment was entered, the 21-day limit does not apply.
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.
If the defendant does not deliver a defence within the allotted period, the plaintiff may issue a motion for judgment in default of defence. However, if the court considers it in the interests of justice, time for delivery of the statement of claim may be extended for a period deemed necessary.