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'Dismissed without prejudice' in credit card debt means that the court has dismissed your case, but you retain the right to refile in the future. This can be a strategic advantage, allowing you to strengthen your case before proceeding again. With a Dismissal without prejudice order with a debit card, you can navigate future lawsuits with more confidence and flexibility.
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.
(1) At the time of the filing of the foreign judgment, the judgment creditor or his or her attorney shall make and file with the clerk of the court an affidavit setting forth the name and last known address of the judgment debtor and the judgment creditor.
A proof of service is, in almost all instances, required to be attached to documents that you are filing with the Court. This document is ?proof? to the Court of the ?service? you completed for the document you are filing.
If the 21 days (served by personal service) or the 28 days (served by mail) passes without an answer to a collection lawsuit, a debt collector will quickly move to have the Court declare you in Default. The collector will then move for a default judgment against you.
Entry of a defendant's default simply means that the defendant is thereafter barred from defending against the lawsuit, whereas the default judgment is the court's pronouncement of what the plaintiff is entitled to against the defendant (such as money damages, declaratory relief, an injunction, or otherwise).
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.
If you don't file a response to divorce papers, your spouse can request a default. This means asking the court to decide the case without your input. In a default divorce, the court makes the final decisions based on the information from your spouse, and what the law says, without hearing your side.
On written request of the plaintiff verified under MCR 1.109(D)(3) as to the amount due, the clerk may sign and enter a default judgment for that amount and costs against the defendant, if (a) the plaintiff's claim against a defendant is for a sum certain or for a sum that can by computation be made certain; (b) the ...