What is a Motion for Default Judgment?

What is a Motion for Default Judgment?

From Wikipedia, the free encyclopedia. Default judgment is a binding judgment in favor of either party based on some failure to take action by the other party. Most often, it is a judgment in favor of a plaintiff when the defendant has not responded to a summons or has failed to appear before a court of law.

What happens after a motion for default is filed?

If the defendant files a motion to set aside the default judgment, one of the following three things will happen. … The judge will set aside the default judgment and the court clerk will schedule a hearing for your claim. The court clerk will mail a notice of the date and time for the hearing to you and the defendant.

Do I have to go to court for a default Judgement?

In most jurisdictions, the defendant will have a prescribed period within which to ask the court to set the default judgment aside, on good cause shown. In California, the defendant typically has 30 days to make this kind of motion, starting from the date on which the court clerk mailed the Notice of Entry of Judgment.

What does Judgement for claimant in default mean?

Default judgments: When they happen If you don't, the claimant can apply to the court for a judgment in default. This means that only the claimant's side of the story is heard. The claimant is likely to demand the full amount plus fees and interest is ordered to be paid immediately.