Motion For Default Judgment In Pa

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

Description

The Motion for Default Judgment in PA is a legal form used when a defendant wishes to contest a default judgment that has been entered against them. This motion allows the defendant to request the court to set aside the default judgment and permit them to respond to the plaintiff's complaint. Key features of the form include sections for detailing the case information, dates of service, and reasons for failing to appear in court, such as mistake or inadvertence. The form should be filled out with care, ensuring that all required information, including the court's name and parties involved, is correct. It's crucial for users to provide a compelling reason for the request and indicate any defenses to the plaintiff's claims. This form is particularly useful for attorneys, partners, and associates who may be handling cases where a default has occurred, as well as paralegals and legal assistants who assist with case management and filing. It helps ensure that defendants can have their day in court and contest judgments that may have been entered without their input.
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FAQ

(d) When default judgment is entered in a matter involving a complaint for civil penalties, the Board may assess civil penalties in the amount of the plaintiff's claim or may assess the amount of the penalty following an evidentiary hearing, as directed by the Board, at which the issues shall be limited to the amount ...

A creditor can sue you if you get behind in your payments. The creditor may file a law suit at the Magisterial District Court if it's for a small amount, or may sue you in the County Court of Common Pleas, or in Federal Court. A PA constable or sheriff must serve you with a copy of the Complaint.

Rule 1034 - Motion for Judgment on the Pleadings (a) After the relevant pleadings are closed, but within such time as not to unreasonably delay the trial, any party may move for judgment on the pleadings. (b) The court shall enter such judgment or order as shall be proper on the pleadings.

Rule 1037 - Judgment Upon Default or Admission (a) If an action is not commenced by a complaint, the prothonotary, upon praecipe of the defendant, shall enter a rule upon the plaintiff to file a complaint.

Default. File a praecipe for judgment, a dated copy of the 10 day notice, and a Pennsylvania Rule 236 form. If the debtor is an individual, you must file a notarized affidavit of nonmilitary service. File an original and a copy for each debtor with a Rule 236 form.

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Motion For Default Judgment In Pa