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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.
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.
Default order means a court order entered due to a party's failure to answer a complaint or motion or to appear at a court proceeding as required, after being properly served with notice. Sample 1.
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.
What can happen if you have a default judgment against you? Default judgments are a way for creditors to recoup the money you owe them. After the judgment, they can get the money you owe them back through: Wage garnishment: When debt payments are automatically withheld from your paycheck.
A default occurs when a defendant/ respondent fails to answer the suit upon service within the time allowed by law. Summary judgment occurs upon motion of one of the parties to litigation that, upon the facts in evidence, the moving party is entitled to a judgment as a matter of law.
If you're sued, you can choose to do nothing. This means that you do not file any response by the deadline. The Plaintiff then can ask the judge to decide the case without your input. This is called a default or a default judgment.
1. : to fail to fulfill a contract, agreement, or duty: such as. a. : to fail to meet a financial obligation. default on a loan.