Court Default Judgment Form Missouri

State:
Multi-State
Control #:
US-01704BG
Format:
Word; 
Rich Text
Instant download

Description

The Court Default Judgment Form Missouri is a crucial legal document designed for defendants seeking to challenge a default judgment entered against them. This form allows a defendant to request the court to set aside the entry of default and the subsequent judgment, thus allowing the defendant to respond to the plaintiff's complaint. Key features of the form include sections for detailing the original complaint, the service of process, the reasons for failing to respond in a timely manner, and a statement of the defendant's meritorious defense. To fill out the form, users must provide pertinent details such as court names, defendant and plaintiff names, and dates relating to the summons and judgments. Additionally, it requires a certificate of service to notify the plaintiff's attorney. The form is particularly useful for attorneys, partners, owners, associates, paralegals, and legal assistants who may be involved in civil litigation, as it outlines the procedure for attempting to reverse a default judgment. Understanding this form is essential for legal professionals assisting clients facing default judgments, ensuring they are equipped to advocate effectively for their clients' rights.
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  • Preview Motion to Set Aside Entry of Default and Default Judgment
  • Preview Motion to Set Aside Entry of Default and Default Judgment
  • Preview Motion to Set Aside Entry of Default and Default Judgment

How to fill out Motion To Set Aside Entry Of Default And Default Judgment?

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FAQ

Satisfaction of Judgment: Once a defendant has paid-off a judgment, this form is used by the person receiving the money or property to let the court know that the judgment has been paid. Do not use this form to satisfy a judgment that contains an ongoing obligation, i.e. child support or maintenance.

A default judgment cannot be directly appealed. A defendant must file a motion to set aside the judgment and then appeal from the court's ruling on that motion.

Under Missouri law, a court may enter a default judgment against a party for failing to appear in court or for failing to timely file an answer to a pleading.

The Court noted that Rule 74.05(d) permits a circuit court to set aside a default judgment upon motion stating facts showing good cause and a meritorious defense.

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Court Default Judgment Form Missouri