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Rule 55(b)(1) allows the clerk to enter default judgment only when the claim is for a sum certain or a sum which can by computation be made certain. Rule 55(b)(2) relegates the entry of the default judgment to the court in all other cases. RULE 55 alabama.gov ? docs ? library ? rules alabama.gov ? docs ? library ? rules
If you still do not pay the plaintiff the money that you ONe him, he may have your wages garnished (withheld) from your pay check in order to collect his money, or the plaintiff may file an Execution against any property that you have, and the sheriff may sell that property in order for the plaintiff to collect his ... The Who, When and How in the State of Alabama ~~ Office of Justice Programs (.gov) ? pdffiles1 ? Digitization Office of Justice Programs (.gov) ? pdffiles1 ? Digitization PDF
Section 735 ILCS 5/2-1302 - Notice of entry of default order (a) Upon the entry of an order of default, the attorney for the moving party shall immediately give notice thereof to each party who has appeared, against whom the order was entered, or such party's attorney of record.
In Alabama, a creditor can place a judgment lien on your real property (or your personal property or vehicle) in order to collect the judgment, and it will remain attached to your real property for 10 years, even if you sell the property. Collecting on Judgments | Grainger Legal Services | Free Consultation graingerlegal.com ? stop-collecting-on-judg... graingerlegal.com ? stop-collecting-on-judg...
Rule 55(a) provides that when a party fails to respond to a complaint, the clerk shall record an entry of default.
After entry of default pursuant to Rule 55(a), a default judgment may be entered by the court in all instances wherein entry of default judgment by the clerk is proper under Rule 55(b)(1) and, in addition thereto, in instances where entry of default judgment by the clerk would be proper but for the uncertainty of the ... Default judgment entered by court, Ala. R. Civ. P. Form 82 - Casetext casetext.com ? rule ? appendix-i-forms ? form-82... casetext.com ? rule ? appendix-i-forms ? form-82...
On motion and upon such terms as are just, the court may relieve a party or a party's legal representative from a final judgment, order, or proceeding for the following reasons: (1) mistake, inadvertence, surprise, or excusable neglect; (2) newly discovered evidence which by due diligence could not have been discovered ...
Default. When a defendant does not answer within the required time or fails to appear when the case is set for trial, the clerk of the court shall enter a default against the defendant.