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A default judgement is a judgement (guilty, innocent, acquitted) that was made by a judge in lieu of a full trial. Generally this involves minor traffic violations in which the defendant doesn't show.
A motion to set aside a default judgement is a request by the defendant or the prosecution to move to a full trial and force both sides to present the case.
Wiki User
∙ 11y ago
Wiki User
∙ 12y agoA default judgment is ordered by a court when one party to the suit "wins" by "default". He or she is not "winning" based on the merits of the case, but is "winning" (getting a judgment in his/her favor) because the other party screwed up somehow, technically. Usually this means that one party failed to appear in court, so a judgment by default is entered against him/her.
Sometimes, there is a good reason for someone failing to show up in court. Missing a court date and having a default judgment taken against you does not always mean "you lose". If you can show good cause for missing the court date, the court may set aside it's previous judgement (the "default judgement") and the case will proceed.
If a default judgment is entered against you for failure to appear, and if you have good reason for having missed the court date, your attorney will likely file a Motion to Set Aside Default Judgment. There will be a hearing to determine whether there is good cause to set aside the judgment. If it is set aside, the case proceeds. If it is not, you can appeal after a final judgment. You need an attorney.
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Can you fight a default judgment?
By "lost judgement" it will be assumed that you mean that you "lost" the case. If that is the case, you may appeal the case to the appelate level of the court system, but you will have to show that a clear miscarriage of justice, or incorrect finding of law, occurred for the appelate level court to even consider reviewing your appeal. Consult with an attorney with the specifics of your case for an opinion on this.
What does default amount mean?
the number the item in question is set to automatically
What happens when you get a default judgment on a credit card?
I have a default judgement and it has turned into a civil case. If you werent served properly vacate or set aside judgement. If it is still in theres a web site that will give these forms for free. If you cant pay the creditor or they are not working with you. You can file to pay the court installments (be careful this is just like a ticket) again if small claims you can get this form off the internet. If civil you can still set aside judgement if not served properly however you have to find civil forms for this or file a motion to set aside judgement with a paralegal cost me $200.00 also file a motion too pay the court installments another $200.00. if it goes to civil they can take rental payments, levy your bank account, take your cars, taxes, garnish wages any assets coming to you and if you have enough equity if you own a house force you too sell it worse case senerio. if you are low income start with legal aid they can help alot.
What is the default amount of drive space set aside for the Recycle Bin in Windows XP?
10
Which term means to set aside?
Annul, cancel, and dissolve are all words that mean "set aside."
What mean set up as default?
To set up a default means the settings of such device or computer is the original from when it was bought. All other alterations or changes that you made will all be erased.
What does vacate a judgment mean?
Vacate the jury trial is an order that stops or postpones a case from going in front of a jury. Many times it can be used to reschedule a trial or because a settlement was reached between two parties.
How can you set your dafault home in yoville?
You can default your home if you will set the settings to "set as default " after visiting the desired home to be the default one.
What does work allocation mean in account receivable?
money set aside for your use.
What would happen if a husband was to file for divorce but intentionally sent the papers to the wrong address?
Assuming husband were able to get the divorce finalized via default because of this, the other party would be able to file a motion asking that the judgement be set aside due to improper service. If it can be shown there was not reasonable expectation the address provided for service was correct, the husband might be in trouble for providing false information. At best, litigation would then begin as though there had never been a default judgement with a judge who has grave suspicions about the honesty of the husband presiding. You do not want the judge suspecting everything you tell him is likely a lie.
What does set as default mean on your mobile phone?
It's the main wallpaper on the cell phone. ;)
In the early 1800s how did Congress respond to people and concerns about the environment?
it set aside protected land
