Massachusetts Sample Letter concerning Original and one Copy of the Application for Entry of Default
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How to fill out Massachusetts Sample Letter Concerning Original And One Copy Of The Application For Entry Of Default?
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FAQ
If you don't file a response to divorce papers, your spouse can request a default. This means asking the court to decide the case without your input. In a default divorce, the court makes the final decisions based on the information from your spouse, and what the law says, without hearing your side.
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.
What is an Order of Default? 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.
How to ask for a default Fill out request for default. Request for Entry of Default (form CIV-100) ... If ready, also fill out forms to ask for a judgement. Judgment (form JUD-100) ... Mail copies to the defendant. Make at least 2 copies of everything. ... File forms. Bring the Request for Default to the court clerk.
It merely distinguishes those situations where the clerk may enter judgment by default from those where court action is required. Rule 55(c) allows the court to set aside the entry of default for "good cause"; and may, for any of the grounds set forth in Rule 60(b), set aside a judgment by default.
If the court has entered a default judgment against you, the plaintiff can collect it like any other judgment. That means she can try to garnish your wages or attach your bank accounts, among other things.
Rule 55.1 (1) prohibits entry of default against a defendant where the documentation required by Rule 8.1 has not been provided; (2) requires a determination that the plaintiff is entitled to judgment in the amount claimed prior to entry of a default judgment; and (3) requires reverification of the defendant's address ...
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.
