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A plaintiff can seek before the clerk a default judgment based on the initial non-appearance of the defendant in cases where both: The plaintiff makes the application within one year of the defendant's default. The claim is for either: ? a sum certain; or ? a sum that can be made certain by computation. (CPLR 3215(a).)
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. The failure to take action is the default. The default judgment is the relief requested in the party's original petition.
An entry of default is the first step to obtaining a default judgment against a party, and allows you to proceed in the action without further notice or input from the opposing party.
Request for Entry of Default (Application to Enter Default) (CIV-100) Asks the court to enter a "default" against the defendant or cross-defendant because they failed to file an Answer or other responsive document in the case.
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 ...
Civil Rule 55 also provides for entry of a default judgment without a hearing, when it authorizes the clerk to enter a default judgment in cases where the claim is for a sum certain or a sum that can be made certain by computation.
An entry of default is the first step to obtaining a default judgment against a party, and allows you to proceed in the action without further notice or input from the opposing party. An entry of default can come in two forms, an entry by the clerk or an entry by the judge.
An order of default is a court order saying that one party (usually the plaintiff) has won the case, and the defendant has lost, because the defendant did not participate in the case. The order of default does not settle the issue of how much money is owed.