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FAQ

Rule 11 of the Federal Rules of Civil Procedure imposes a threshold prefiling investigation that, while appearing straightforward, might leave doubt about what satisfies the requisite inquiry. Under Rule 11, there is an affirmative duty to investigate both as to law and as to fact before a complaint is filed.

Some have allowed defendants to file a simultaneous motion and an answer, and some have allowed defendants to file a post-answer 12(b)(6) motion as long as the defendant raised the defense in its answer.

What happens next? When you file your Motion and Affidavit to Set Aside Default, you will get a hearing date and time from the court clerk. At the hearing, the judge will grant or deny the motion. If the judge grants your motion, the default or default judgment will be set aside, and the case will move forward.

Rule 12 dictates when a responsive pleading is due, certain defenses that may be made before filing a responsive pleading, and when and how those defenses may be raised.

When a default is entered, the party who requested the entry of default must obtain a default judgment against the defaulting party within 45 days after the default was entered, unless the court has granted an extension of time.

A party may move for a more definite statement of a pleading to which a responsive pleading is allowed but which is so vague or ambiguous that the party cannot reasonably prepare a response. The motion must be made before filing a responsive pleading and must point out the defects complained of and the details desired.

Rule 12 - Defenses and Objections; When and How Presented; by Pleading or Motion; Motion for Judgment on The Pleadings (a)When Presented. (1) A defendant shall file his or her answer within 30 days after the service of summons and complaint upon him or her.

A simple default doesn't mean you legally owe a certain amount of money. A default judgment identifies the amount you owe the plaintiff. You don't want this to happen because a default judgment makes you a judgment debtor. Plaintiff may use all sorts of legal procedures to legally take your money and property.

Accept the judgment. Settle the judgment for less. Challenge the judgment. Pursue debt relief.

Arkansas Motion for Default Judgment with Attachments

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FAQ

What is Rule 11 of the Federal Rules of Civil Procedure?

Can you file a 12 B 6 motion after filing an answer?

What happens after a motion for default is filed?

What is a Rule 12 hearing?

What happens after default is entered?

What is Rule 12 of the Federal Rules of Civil Procedure?

What is Rule 12 of the Arkansas Rules of Civil Procedure?

What is the difference between default and default judgment?

How do you respond to a default Judgement?

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