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Rule 54. ? A judgment is either interlocutory or the final determination of the rights of the parties. (b) Judgment upon multiple claims or involving multiple parties.
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 to expect if you default after you're sued | California Courts ca.gov ? civil-lawsuit ? defendant ca.gov ? civil-lawsuit ? defendant
The Writ of Execution This writ of execution directs the Sheriff's Office to identify assets, seize them, and sell them at an auction, with the proceeds paid to satisfy the judgment.
Once the clerk (or judge) has completed the entry of default, the allegations in the plaintiff's complaint are deemed admitted and the defendant is no longer entitled to make affirmative defenses.
If you fail to file a response to a lawsuit in time, the plaintiff can ask the Court to enter ?default? against you. When the Court enters default against you, you no longer have the right to oppose the lawsuit. To regain the right to oppose the lawsuit, you must file a Motion to Set Aside Entry of Default. Guide: How to Move to Set Aside Entry of Default - Federal Pro Se Clinic publiccounsel.org ? uploads ? 2021/11 ? Guide-H... publiccounsel.org ? uploads ? 2021/11 ? Guide-H...
?if the defendant has been defaulted for failure to appear.? Rule 55(b)(1). The Court of Appeals has held that, ?this statute is clearly intended to allow a clerk to enter default judgment against a defendant only if he has never made an appearance.? Roland v. W & L Motor Lines, Inc., 32 N.C. App. DEFAULT JUDGMENT (RULE OF CIVIL PROCEDURE 55) NC Superior Court Judges' Benchbook ? sites ? files ? pdf NC Superior Court Judges' Benchbook ? sites ? files ? pdf PDF
(a) Entry. When a party against whom a judgment for affirmative relief is sought has failed to plead or is otherwise subject to default judgment as provided by these rules or by statute and that fact is made to appear by affidavit, motion of attorney for the plaintiff, or otherwise, the clerk shall enter his default. Rule 55 North Carolina General Assembly North Carolina General Assembly (.gov) ? statutes ? html ? bysection North Carolina General Assembly (.gov) ? statutes ? html ? bysection
Rule 55 provides: If, in order to enable the judge to enter judgment or to carry it into effect, it is necessary to take an account or to determine the amount of damages or to establish the truth of any averment by evidence or to take an investigation of any other matter, the judge may conduct such hearings or order ...