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.
Do I need to fill out any type of document in order to answer an entry for default? (I'm the defendant)
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.
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.
Usually, you can contact the court and request that the court set an appearance date be set. The plaintiff's notice of the request for entry of the default might not have an appearance date, but it will state that you have a certain number of days to either file a written opposition with reasons, to the entry of a default or the right to request an appearance date to be fixed by the court. Some courts, specifically small claims courts, allow such abbreviated methods of entering defaults, but there are built in safeguards against an improper entry of a default. Many times a court permits this request without an appearance date because after all the defendant did not even bother to answer the summons and complaint, therefore, it is not unreasonable to at least request entry of a default without an appearance date as long as the defendant is told of the request and given an opportunity to object.I did respond to the original summons and complaint with proof of service, acknowledged by the court, and now I have this Request for Entry of Default, no court date or anything about my response and defense to this bank's claims. I need to know what form to use to respond or ask for dismissal based on my previous long response. Thanks.Carl
Yes, in federal court, if a defendant fails to respond to a complaint within the specified time frame, a default judgment can be entered against them. However, the plaintiff must formally request a default from the court, and the court has discretion to deny the request under certain circumstances. Once a default is entered, the plaintiff may then seek a default judgment, which can lead to a ruling in their favor without the defendant's participation.
After serving the defendant by publication, the plaintiff must file proof of service with the court. The plaintiff then needs to wait for a specified period of time for the defendant to respond. If the defendant does not respond within the given time frame, the plaintiff can request a default judgment from the court. The court will review the case and may grant the default judgment if all requirements have been met.
These are stating that you owe money that has not been paid off. Someone is suing you to get the money back.
If the defendant replies on the same day that you submit a motion for Entry of Default, the reply may still be considered valid if it is within the required 30-day period. However, it is best to consult with a legal professional to ensure proper procedure for handling the situation.
In what state/locality was the quiet title filed?
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.
There can be no judgment of any sort unless the lawsuit has been filed and "heard" in accordance with state statutes. Often the defendant debtor believes they have not been legally served because the civil summons was not physically placed in their hands. In the majority of U.S. states that is not a requirement. A civil summons can be hand delivered in several ways (process server, courier such as FedEx, etc.) or it can be sent as registered mail via U.S.Postal service. The premise for such action is that a "reasonable attempt" needs to be made to inform the defendant that he or she is being sued. If the named person cannot be found and/or he or she refuses delivery of said summons the lawsuit will go forward under the default laws. In such instances a default judgment can legally be filed. The defendant does have the right to contest the validity of said judgment to have it quashed. But unless it can be proven that the required notification procedures were not followed the judgment will stand.
Yes, a defendant can request a jury trial in their legal proceedings.