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If the defendant does not answer the complaint or fails to appear at a required court hearing, the defendant is ?in default.? Before the person who filed the complaint can attempt to collect any amount of money after defendant's default, the court must also have a record that proves what amount the defendant must pay.

To set aside a default judgment, the defendant must demonstrate that its failure to answer or otherwise appear and defend was due to excusable neglect under the circumstances and that it has a meritorious defense either to the cause of action itself or the quantum of damages assessed.

You must serve your adversary no later than 16 days before the specified return date on your notice of motion. [If you are filing a motion for summary judgment, you must file it not later than 28 days before the time specified for the return date].

If you file a motion to vacate a default or a default judgment, you must file an answer to the original complaint along with any cross claims or counterclaims you may wish to assert, and the motion must be accompanied by the appropriate fee.

Proposed Form of Order - A proposed order is a form that the judge can use to either grant or deny the relief sought in the motion. Every motion must be accompanied by a proposed form of order. Return date - The return date is the date on which the court will consider the motion.

This Note explains who may file a motion to dismiss, when they may file the motion, and the available defenses (grounds) to assert, including lack of subject matter or personal jurisdiction, insufficient process or service of process, failure to state a claim on which relief may be granted, and failure to join a ...