Default Motion Judgment Form With Motion To Dismiss
Description
How to fill out Application For Entry Of Default - Affidavit - Motion - Entry Of Default - Default Judgment?
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FAQ
If you want to file a motion, the process is generally something like this: You write your motion. You file your motion with the court clerk. The court clerk inserts the date and time your motion will be heard by the judge. You ?serve? (mail) your motion to the other side.
If you find out that there is a default judgment against you, you can ask the court to set aside the noting in default and default judgment. If they do, you will get more time to file a Defence. To do this, fill out Form 15A ? Notice of Motion and Supporting Affidavit and file it with the court.
If you are a party and have missed a Court date and Judgment was issued against you, you can apply to set aside the Judgment by the following process: Complete the form called Application and select setting aside a Default Judgment. There is a filing fee for the Application.
To have the defendant noted in default, you must: prepare an Affidavit of Service (Form 16B) for your Statement of Claim (Form 14A or 14D) prepare a Requisition for Default Judgment (Form 19D) file your affidavit and requisition with the court registrar.
The court must set aside a default judgment if you: have paid the whole amount owed (including any interest and costs) before the date the creditor entered judgment; sent back the acknowledgment of service form within the time limit; put in a defence within the time limit; or.