Massachusetts Sample Letter regarding Corrected Default Judgment
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How to fill out Sample Letter Regarding Corrected Default Judgment?
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FAQ
You can ask to cancel, or ?set aside? a default judgment. You have to have a good reason for not responding in 30 days. If the judgment is canceled, you'll get a chance to answer.
Typically, the default process begins when the defendant has not responded to a properly served summons and complaint. When this happens, a defendant is ?in default,? and the plaintiff can take the first step to obtain an entry of default against the defendant. (See Cal. Rules of Court, rule 3.110.)
A default judgment can only be obtained in an Unlawful Detainer case for possession. You have to follow some steps and fill out forms to do this. See CCP 585 to learn the rules for default.
Ask the court for a new court date You can ask a judge to remove the default judgment and schedule another court date. You must give the judge a good reason for missing the court date. You must also have a "legal defense" that might prevent your eviction.
To ask the judge to set aside your default judgment, you must file a ?motion? (a formal written request) with the court.
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.
Records. The clerk of the district court must keep records of criminal proceedings in the form prescribed by the Director of the Administrative Office of the United States Courts. The clerk must enter in the records every court order or judgment and the date of entry.
Under CCP § 473(b), the court may set aside a default and default judgment if the defendant asking for the set aside presents enough evidence to the court to demonstrate that the default was entered by inadvertence, mistake, surprise, or excusable neglect.
