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The process for setting aside default judgment You will need to make an application to the court regardless of whether consent is obtained, but seeking consent may mean that the claimant does not oppose the application, potentially reducing the costs of the application.
A default judgment can be entered against any party who was served a complaint, counterclaim, cross-claim, or third-party complaint if that party either did not file an answer or file any type of response with the Court within the time allowed by the rules.
Once a debt buyer is armed with a default judgment they then have the power to garnish your wages or levy your bank account.
A party seeking entry of default must file a written application that: (A) identifies the party against whom default is sought; (B) states that the party has failed to plead or otherwise defend within the time allowed by these rules; (C) provides a current mailing address for the party claimed to be in default or, if ...
If you never knew you were being sued, and motion for default judgment is filed against you, you should respond with a Motion to Vacate Judgment, also known as a Motion to Set Aside Judgment.
How to ask for a default Fill out request for default. Request for Entry of Default (form CIV-100) ... If ready, also fill out forms to ask for a judgement. Judgment (form JUD-100) ... Mail copies to the defendant. Make at least 2 copies of everything. ... File forms. Bring the Request for Default to the court clerk.