Mississippi Judgment by Default
What is this form?
A Judgment by Default is a legal form used in Mississippi to obtain a court judgment when one party fails to respond to a legal pleading file by the opposing party. This form allows the filing party to claim a judgment even if the other party does not present their case. Its primary purpose is to ensure judicial efficiency by resolving matters without requiring the non-filing party to appear, distinguishing it from other forms that require active participation from both sides.
Key parts of this document
- Case caption: Identifies the court, parties involved, and case number.
- Default judgment: Specifies that the judgment is being sought due to the other party's lack of response.
- Affidavit of service: Confirms that the opposing party was properly served with the initial pleading.
- Judgment amount: Details the financial judgment being requested against the non-filing party.
- Signature block: Provides space for signature by the filing party or attorney.
When to use this document
This form is typically used in civil litigation scenarios when one party has failed to respond to a complaint or legal action. Common situations include debt collection cases, landlord-tenant disputes, or any case where the plaintiff seeks a ruling without waiting for the defendant's participation. It may be appropriate when there is clear evidence that the other party was notified but chose not to engage in the legal proceedings.
Who can use this document
This form is suitable for:
- Plaintiffs who have filed a legal complaint in Mississippi.
- Individuals or businesses seeking a quick resolution after a defendant fails to respond.
- Attorneys representing clients in default judgment cases.
How to prepare this document
- Fill out the case caption with the correct court information, parties involved, and case number.
- Indicate that you are seeking a default judgment due to the other party's lack of response.
- Provide an affidavit of service proving that the opposing party was served with the complaint.
- Specify the amount of the judgment you are requesting from the court.
- Sign the form in the designated area to certify your request.
Notarization guidance
This form does not typically require notarization to be legally valid. However, some jurisdictions or document types may still require it. US Legal Forms provides secure online notarization powered by Notarize, available 24/7 for added convenience.
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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
- Failing to properly serve the other party, which can invalidate the judgment.
- Not completing the affidavit of service correctly.
- Submitting the form without the required signature.
- Leaving out the judgment amount or miscalculating it.
Why use this form online
- Convenient access to a legally compliant template anytime.
- Easy to update and customize based on your specific case needs.
- Reliable forms drafted by licensed attorneys, reducing the risk of errors.
Quick recap
- A Judgment by Default is essential for obtaining a court ruling when one party does not respond.
- Understanding when and how to use this form can simplify legal proceedings.
- Be mindful of serving the other party and completing all sections accurately to avoid mistakes.
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FAQ
If you do not think the default judgment was appropriately entered against you, you must file a motion with the court asking the judge to set aside (void or nullify) the judgment. If the judge grants your motion, the case starts back up again.
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.
Renew the judgment Money judgments automatically expire (run out) after 10 years. To prevent this from happening, the creditor must file a request for renewal of the judgment with the court BEFORE the 10 years run out.
Once a default is entered, the defendant is no longer able to file a response or otherwise participate in the case. When the default is entered, you may also ask the court to enter a judgment in your favor.
If you do not think the default judgment was appropriately entered against you, you must file a motion with the court asking the judge to set aside (void or nullify) the judgment. If the judge grants your motion, the case starts back up again.
Typically, a court's rules governing enforcement of default judgments include procedures for wage garnishments, attachment of bank accounts and seizure of assets. The plaintiff can usually pursue more than one of these enforcement mechanisms simultaneously.
First, you can ask the court to set aside the default judgment and give you an opportunity to contest it. Next, you can settle the debt with the debt buyer for an amount less than what the default judgment is for. And finally you can eliminate the default judgment completely by filing for bankruptcy.
A default judgment is a ruling granted by a court or judge.For example, when a defendant is summoned to appear before the court in a case brought by a plaintiff, but fails to respond to the court's legal order, the judge can rule for default judgment and thereby decide the case in the plaintiff's favor.
