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Default judgment is a binding judgment in favor of either party based on some failure to take action by the other party. Most often, it is a judgment in favor of a plaintiff when the defendant has not responded to a summons or has failed to appear before a court of law.
A party seeking entry of default must file a written application that: (A) identifies the party against whom default is sought; (B) states that the party has failed to plead or otherwise defend within the time allowed by these rules; (C) provides a current mailing address for the party claimed to be in default or, if ...
A default judgment (also known as judgment by default) is a ruling granted by a judge or court in favor of a plaintiff in the event that the defendant in a legal case fails to respond to a court summons or does not appear in court.
A default hearing is scheduled when you want a divorce, other judgment or order of the Court when the opposing side does not respond in writing to your petition or motion. A default hearing cannot be set for at least 61 days after the date the petition (and other documents) were served on the Respondent.
After a default judgment, the Plaintiff will try to collect the money you owe. The Plaintiff may be able to take money from your paycheck or bank account and put a lien on your property.
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.
A default is a failure to fulfill an obligation. Defaulting is most common in regards to debtor-creditor law and contract law. Typically, a default leads to judicial proceedings or triggers the application of a separate contract provision.
If you never knew you were being sued, and motion for default judgment is filed against you, you should respond with a Motion to Vacate Judgment, also known as a Motion to Set Aside Judgment.