Court Default Judgment With Magistrates

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

Description

The Court Default Judgment with Magistrates form addresses a situation where a defendant seeks to overturn an entry of default and default judgment issued against them. This form is crucial for defendants who may have missed court deadlines due to mistakes or inadvertent neglect. It enables the defendant to formally request the court to allow them to answer the plaintiff's complaint and present their case. Key features include sections for detailing the timeline of events, such as when the complaint was filed, when service was made, and the dates of the default entry and judgment. Filling out this form requires clear and accurate insertion of the necessary dates and information regarding the defendant's reasons for failure to respond. Attorneys, partners, and paralegals will find this form particularly useful when advising clients on how to navigate default judgments and protect their legal rights. Legal assistants can aid in the formatting and filing process, ensuring that all procedural requirements are met. Overall, this form serves as a vital tool for individuals seeking relief from default judgments and emphasizes the importance of diligent responses in legal proceedings.
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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

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.

If the defendant fails to answer the plaintiff's claims or fails to appear at the hearing, the judge may, upon the plaintiff's request, hear and decide the case without hearing the defendant's side. This is called a default judgment.

The Request for Default Judgment and Affidavit must be electronically filed via eFileGA at . If you have any questions of procedure you may contact Court staff. If you have legal questions, these will need to be addressed to an attorney.

If a judgment is entered against you, a debt collector will have stronger tools, like garnishment, to collect the debt. A judgment is an official result of a lawsuit in court. In debt collection lawsuits, the judge may award the creditor or debt collector a judgment against you.

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.

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Court Default Judgment With Magistrates