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Among other things, the SCRA allows for forbearance and reduced interest on certain obligations incurred prior to military service, and it restricts default judgments against servicemembers and rental evictions of servicemembers and all their dependents.
A request for default is filed in an adversary case and is filed by the plaintiff against the defendant when the defendant has failed to answer the complaint, plead or defend. The Clerk can grant the request certifying that the defendant has failed to answer, plead or defend.
(a) Entering a Default. When a party against whom a judgment for affirmative relief is sought has failed to plead or otherwise defend, and that failure is shown by affidavit or otherwise, the clerk must enter the party's default.
Many mortgages in South Dakota have a provision that requires the lender to send a breach letter if you fall behind in payments. This notice tells you that the loan is in default. If you don't cure the default, the lender can accelerate the loan (call it due) and go ahead with the foreclosure.
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.
A writ of execution may be requested from the court once a civil lawsuit has been won in Civil Court or Small Claims Court. Once a party has been awarded a judgment, an execution grants the Sheriff's Office power to attempt to collect the money owed.
If you're asking for a court judgment, you need to write a Declaration that says who is who in the case, the legal reason you filed the lawsuit, what evidence you have that proves your case, and what interest, if any, the defendant owes you.
If you're asking for a court judgment, you need to write a Declaration that says who is who in the case, the legal reason you filed the lawsuit, what evidence you have that proves your case, and what interest, if any, the defendant owes you.