Motion For Default Judgment Form With 2 Points
Description
How to fill out Motion To Set Aside Entry Of Default And Default Judgment?
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FAQ
A default judgment is a judgment entered in the trial court when a defendant hasn't filed a response in a timely manner. For a response to be timely, it must be made by 10 a.m. on the Monday following the expiration of 20 days after the date the defendant was served with the citation and petition.
If the defendant does not answer the complaint, a default judgement is entered against him or her.
? Clerical mistakes in judgments, orders or other parts of the record and errors therein arising from oversight or omission may be corrected by the judge at any time on his own initiative or on the motion of any party and after such notice, if any, as the judge orders.
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.
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.