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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.
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∙ 11y ago
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What happens if the spouse replies to the unwillingness court action of signing divorce papers What happens then in that situation Can you get the divorce regardless?
Request default motion.
What does a motion for the release of records mean in court?
It means that a motion (a legal request to the court) has been made to ask the judge to release some kind of records. The judge can either grant or deny the request (motion).
What does it mean when my divorce status says red- request for default filed?
A Request for Entry of Default is filed by the plaintiff when the defendant did not show up for the hearing and the plaintiff wants the court to enter an Entry of Default. The Entry of Default must be filed before a Default Judgment can be issued whereby the plaintiff will prevail in the lawsuit.If your case is not ready for a default hearing, you will receive a red notice with instructions on what to do next in your case to get a default hearing set, or if you cannot go by default. You should contact the court if you have questions.
What is the motion to open default?
The motion to open default is a common law and judicial system code. It is technically referred to as ' Failure to Appear and Judgment'.
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 do you do if you are defendant in a request for entry of default?
Show up at court on the date of the request for default. ADDED: A "default" judgment is one in which you have failed (after proper legal notification) to be present in court to defend yourself against the claim.
How was motion discovered?
a motion request to the court to enter particular order
How long does it take to quash a motion?
The time it takes to quash a motion can vary depending on the complexity of the case, the court's schedule, and the specific circumstances of the motion. It generally takes several weeks to months for a court to make a decision on a motion to quash.
What does it mean when a judge rules motion to enlarge time sustained?
It means that someone has asked (made a motion) for some time period to be extended, and the judge has agreed to (sustained) the request
What does motion to adj mean within the court system?
under Roberts rules of order a motion to adj is a request for a break the lenght of the break or recease is decieded by the presiding judge
What is motion to continue?
A motion for continuance is a request to the judge to delay or postpone the proceedings.
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)
