Motion For Default Judgment In Federal Court
Description
How to fill out Motion To Set Aside Entry Of Default And Default Judgment?
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FAQ
You can ask to cancel, or ?set aside? a default judgment. You have to have a good reason for not responding in 30 days. If the judgment is canceled, you'll get a chance to answer.
The party seeking the default judgment can apply to the clerk of the court for entry of a default judgment. Otherwise, the request must be made by motion to the district court judge.
Default. (a) Entry . When a party against whom a judgment for affirmative relief is sought has failed to plead or otherwise defend as provided by these rules and that fact is made to appear by affidavit or otherwise, the clerk shall enter the party's default.
Although Rule 55(c) does not define ?good cause,? the Second Circuit has instructed that district courts must consider principally ?(1) whether the default was willful; (2) whether setting aside the default would prejudice the adversary; and (3) whether a meritorious defense is presented.? Enron Oil Corp. v.
Execution (a) In General. (1) Money Judgment; Applicable Procedure. A money judgment is enforced by a writ of execution, unless the court directs otherwise.