0
Defendant failed to answer complaint. I filed a civ 100 entry of default and won .Defendant appeal DENIED. My complaint was for quiet title full recon of property and montary damages.Nxt step?
Wiki User
∙ 14y ago
You will need to file a Motion for Presentation (or similar form, as it might not be called that in your jurisdiction) and get a hearing date. At the presentation hearing, present to the judge a judgment awarding you all the relief you requested in your complaint and ask the judge to sign it. This must be done according to all applicable local and state court rules. To make sure the judgment is filled out correctly, you might want to have an attorney review it before filing at the courthouse. An attorney can also help you understand any local court rules.
Wiki User
∙ 14y ago
Add your answer:
Earn +20 pts
What does motion and request for default mean?
A plaintiff starts a lawsuit by filing a complaint and serving the complaint and summons on the defendant (or defendants). If the defendant does not answer the complaint or otherwise respond to the suit, the plaintiff make request a "default judgment." This means, more or less, "the defendant has not responded and the court should therefore grant what I sought in the complaint." Usually, a default judgment will be restricted to the relief sought in the complaint and will be restricted to amounts that are reasonably calculable. For example, say somebody hit you with their car, and you sued for $100,000 in medical bill. If the defendant ignores the lawsuit, the plaintiff will request a default judgment, and the court will likely grant them a $100,000 judgment. The plaintiff will then take the judgment to (most often) the county sheriff's department, which will then seize a defendants property to be sold to pay the judgment; or plaintiff can seek other remedies, like garnishment of wages. Lesson: don't ignore lawsuits. That's how you lose for sure.
What is motion for judicial default?
A motion for a judicial default, or a default judgment, is bringing a matter to the attention of the court due to the defendant failing to answer or appear to a trial. This judgment will award the complainant what they asked for in their complaint.
What happens if you and the defendant don't show up on a hearing for child support case at court?
You lose. If the defendant doesn't show up for their notified court hearing, a default judgment will be made against them. If the plaintiff doesn't show up, the case will be dismissed. In the case of a defendant, the plaintiff will then go about collecting the award through garnishment of wages and placing liens on property.
What happens to a corporation when it doesn't answer a complaint and is in default?
The plaintiff will likely present a default judgment to the court, which the court will sign, granting the plaintiff everything requested in the complaint.
Can a non Defendant or attorney not representing the Defendant answer a complaint?
Generally, a non-defendant or attorney not representing the defendant cannot answer a complaint on behalf of the defendant in a legal proceeding. Only parties to the case or their authorized legal representatives can formally respond to a complaint.
What is the default property of data control?
Caption is the Default Property.
What is Show Cause re Sanctions for Failure to File Default on Complaint?
Translated into English, it means: You are being asked explain why the court shuold not discipline you for not filing the default on whatever the original complaint was.
How do you respond to a request of entry of default?
Do I need to fill out any type of document in order to answer an entry for default? (I'm the defendant)
What is a judgment of default?
The term describes the action taken by the court when the named defendant fails to respond to the lawsuit summons in writing and/or appearance upon the court date. A defendant is not required to make an appearance in court in a creditor suit, but failure to do so means the plaintiff will be automatically be awarded a writ of judgment. Such a judgment can then be executed against the defendant's real and personal property in accordance with the laws of the defendant's state.
What is Request of entry of default?
When a person (the plaintiff) sues someone (the defendant), the defendant gets a certain amount of time to respond to the lawsuit (times vary by state). If the defendant does not respond to the lawsuit within the time period prescribed or does not show up to court on the day he or she is supposed to, the plaintiff will ask for (and the court will usually give) a default judgment. Simply put, the plaintiff wins because the defendant did not make an effort to defend themselves. A request for entry of default is when the time has passed for the defendant to respond to a lawsuit and the plaintiff is asking for a default judgment. This only applies to civil cases, not criminal cases.
How long proir to a court date must you serve someone?
A court date can not be set until a Complaint is filed. In federal court the Answer (defendant's response) must be filed within 20 days of receiving the complaint according to the Federal Rules of Civil Procedure. This time will vary depending on the state for state court. If the answer is not filed within the specified time, a default judgment will be rendered, meaning all statements in the Complaint are assumed true.
What if I don't respond to a summons and complaint in Michigan?
If it is a subpoena to appear in court for any reason you may be held in contempt for failure to appear. If it is a summons for you to appear as a defendant in some kind of civil action you may be found liable in default for failing to appear to defend yourself.
