Oklahoma Local Form 7055-1B Motion for Default Judgment

State:
Oklahoma
Control #:
OK-SKU-0041
Format:
PDF
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Description

Local Form 7055-1BMotion for Default Judgment

Oklahoma Local Form 7055-1B Motion for Default Judgment is a form used in the Oklahoma court system to request a default judgment when the defendant has not responded to the complaint or otherwise failed to appear in court. The motion is filed by the plaintiff and must include a certificate of service that proves the other party was properly notified of the action. It must also include a statement of the facts and a request for the court to enter a default judgment in favor of the plaintiff. There are two types of Oklahoma Local Form 7055-1B Motion for Default Judgment: a joint motion for default judgment and a motion for default judgment on behalf of a single party. A joint motion for default judgment is filed by both parties and includes a statement of agreement that the facts in the complaint are true and undisputed. A motion for default judgment on behalf of a single party is filed by only one party and includes a statement of facts that support their claim for relief.

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FAQ

75.01. The trial court retains control over judgments during the thirty-day period after entry of judgment and may, after giving the parties an opportunity to be heard and for good cause, vacate, reopen, correct, amend, or modify its judgment within that time.

Motion to Vacate, Set Aside, or Correct the Judgment or Sentence: This form is used to ask the court to vacate, set aside or correct a judgment or sentence in a criminal case where the crime was a felony.

You have 20 days from the date the Plaintiff can prove you were served to file an answer to the Petition with the court where the case is filed and send a copy to the Plaintiff. If you do not file an answer within 20 days, you are technically in default.

(a) Acknowledgment of Satisfaction. When any judgment or decree is satisfied, the judgment creditor shall immediately file an acknowledgment of satisfaction.

A default judgment cannot be directly appealed. A defendant must file a motion to set aside the judgment and then appeal from the court's ruling on that motion.

A default judgment (also known as judgment by default) is a ruling granted by a judge or court in favor of a plaintiff in the event that the defendant in a legal case fails to respond to a court summons or does not appear in court.

The motion must include an affidavit of the party in default (i) stating facts showing that the party in default has a good defense to the allegations in the pleading, and (ii) showing ?good cause? as to why the party in default failed to appear in court or to file an answer to the pleading.

An entry of default is the first step to obtaining a default judgment against a party, and allows you to proceed in the action without further notice or input from the opposing party.

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Oklahoma Local Form 7055-1B Motion for Default Judgment