West Virginia Information Sheet: Affidavit for Default Judgment is a legal document that is used in the state of West Virginia. It is used to document a court's decision in a case where the defendant has failed to respond to the lawsuit or otherwise failed to appear in court. The document includes information about the parties involved, the court, the nature of the claim, and the amount of damages or relief sought. There are two types of West Virginia Information Sheet: Affidavit for Default Judgment: (1) Joint Affidavit of Default Judgment and (2) Individual Affidavit of Default Judgment. The Joint Affidavit is used when both parties have failed to appear in court, while the Individual Affidavit is used when only one party has failed to appear. Both Affidavits include information about the parties, the court, the nature of the claim, and the amount of damages or relief sought.
West Virginia Information Sheet: Affidavit for Default Judgment
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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.
Rule 55 - Default (a)Entry. - When a party against whom a judgment for affirmative relief is sought has failed to plead or otherwise defend as provided by these rules, and that fact is made to appear by affidavit or otherwise, the clerk shall enter the party's default. (b)Judgment.
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.
- On motion and upon such terms as are just, the court may relieve a party or a party's legal representative from a final judgment, order, or proceeding for the following reasons: (1) Mistake, inadvertence, surprise, excusable neglect, or unavoidable cause; (2) newly discovered evidence which by due diligence could not
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.
(a) Acknowledgment of Satisfaction. When any judgment or decree is satisfied, the judgment creditor shall immediately file an acknowledgment of satisfaction.
Go to the Magistrate Clerk's office in the county where your problem is located and ask for a Civil Complaint. You can also find the Civil Complaint online. Fill in your name and address. Then fill in the defendant's name and address.
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.