Mississippi Motion for Entry of Default Judgment
Understanding this form
A Motion for Entry of Default Judgment is a legal document used to request a court's decision in your favor after one or more defendants have failed to respond to a lawsuit. This form is specifically tailored to address situations where defendants have not pleaded or defended against a claim, making it distinct from other legal motions that may serve different purposes. By submitting this form, you are asking the court to issue a judgment based on the defaults, streamlining the process of resolving the case in your favor.
Main sections of this form
- Information about the plaintiff and defendants involved in the case.
- Statements confirming that the defendants have failed to plead or defend against the action.
- Details regarding any prior entry of default against the defendants.
- A request for the court to enter a default judgment based on the failure of the defendants to respond.
When to use this form
This form is necessary when you have pursued a legal claim and the defendants have not responded within the required time. Situations may include civil lawsuits where the defendants ignore summons, fail to file any defenses, or when you need to expedite the judicial process due to their inaction. Filing a Motion for Entry of Default Judgment allows you to seek a legal resolution despite the defendants' lack of participation.
Intended users of this form
- Individuals or entities who have initiated a lawsuit and are waiting for a response from the defendants.
- Litigants who have obtained an entry of default against one or more defendants but require a judgment to proceed.
- Anyone representing themselves in a legal action where the opposing party has failed to engage with the court process.
Completing this form step by step
- Identify the parties involved: Ensure you accurately list your name as the plaintiff and the names of the defendants.
- State the failure to respond: Clearly indicate that none of the defendants have pleaded, answered, or defended against the action.
- Reference the entry of default: Include information about any previous entry of default that has been recorded against the defendants.
- Request the judgment: Clearly state your request for the court to enter a default judgment in your favor.
- Sign the document: Ensure that you sign and date the motion before submitting it to the court.
Is notarization required?
This form usually doesn’t need to be notarized. However, local laws or specific transactions may require it. Our online notarization service, powered by Notarize, lets you complete it remotely through a secure video session, available 24/7.
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Make edits, fill in missing information, and update formatting in US Legal Forms—just like you would in MS Word.
Download a copy, print it, send it by email, or mail it via USPS—whatever works best for your next step.
Sign and collect signatures with our SignNow integration. Send to multiple recipients, set reminders, and more. Go Premium to unlock E-Sign.
If this form requires notarization, complete it online through a secure video call—no need to meet a notary in person or wait for an appointment.
We protect your documents and personal data by following strict security and privacy standards.
Common mistakes to avoid
- Failing to verify that the defendants have genuinely not responded.
- Not providing sufficient evidence of prior entries of default.
- Incomplete wording in the request for judgment.
- Neglecting to sign and date the motion.
Benefits of completing this form online
- Convenience in accessing the form anytime and from anywhere.
- Editable templates that allow you to customize the motion to fit your specific situation.
- Reliability of having forms that are drafted and reviewed by licensed attorneys.
What to keep in mind
- The Motion for Entry of Default Judgment requests a court to rule in your favor when defendants fail to respond.
- Ensure all parties are correctly identified and that all required statements are included.
- Utilizing this form can expedite the legal process by seeking a judgment based on default.
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FAQ
After you notify the defendant of the judgment, you can begin to enforce the judgment. Your judgment might be for money, repossession, eviction, foreclosure, or any number of things. In any case, your rights at this point would be the same as if you had gone to trial and won.
A default judgment means that the court has decided that you owe money. This a result of the person suing you in small claims court and you failed to appear at the hearing.
What happens next? When you file your Motion and Affidavit to Set Aside Default, you will get a hearing date and time from the court clerk. At the hearing, the judge will grant or deny the motion. If the judge grants your motion, the default or default judgment will be set aside, and the case will move forward.
Default judgments happen when you don't respond to a lawsuit often from a debt collector and a judge resolves the case without hearing your side.Next up could be wage garnishment or a bank account levy, which allows a creditor to remove money from your bank accounts to repay the debt.
A simple default doesn't mean you legally owe a certain amount of money. A default judgment identifies the amount you owe the plaintiff. You don't want this to happen because a default judgment makes you a judgment debtor. Plaintiff may use all sorts of legal procedures to legally take your money and property.
The danger of allowing a default judgment against you is once this occurs the debt buyer can garnish your wages and your bank accounts.If you don't submit a written answer to the lawsuit the court can enter a default judgment giving the debt buyer everything they are asking for.
A motion for default is made when a defendant fails to file a timely answer to a complaint/petition.If you were not served with the original petition/complaint, you can always file a petition to reopen the case.
Generally, if a defendant fails to respond to a complaint you can get a default judgment after 45 days. However, the court system is very slow these days and it can take several months to get the court to issue the default judgment.
