Motion For Default Judgment Form With Two Points
Description
How to fill out Motion To Set Aside Entry Of Default And Default Judgment?
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FAQ
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.
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.
The plaintiff can ask the court to note you in default. This means you won't be able to take part in the case anymore because you didn't file a response in time. The plaintiff can then ask the court to order you to pay them what they're asking for. This is called asking for a default judgment.
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.