This office lease form is a standard default remedy clause, providing for the collection of the difference between the rent due and owing under the lease and the rents collected in the event of mitigation.
This office lease form is a standard default remedy clause, providing for the collection of the difference between the rent due and owing under the lease and the rents collected in the event of mitigation.
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(a) Any judgment rendered or decree passed upon a default or nonsuit in the Superior Court may be set aside, within four months following the date on which it was rendered or passed, and the case reinstated on the docket, on such terms in respect to costs as the court deems reasonable, upon the complaint or written ...
To ask the judge to set aside your default judgment, you must file a ?motion? (a formal written request) with the court.
A court may enter a default judgment against a party that fails to respond to a claim or to litigate in its own defense. In such cases, the party asserting a claim wins by ?default? due to the responding party's failure to defend itself or otherwise participate meaningfully in the litigation.
An abstract of judgment permits the plaintiff to acquire judgment liens on your real and personal property. A writ of execution permits law enforcement authorities to repossess your property. Default judgments also authorize plaintiffs to garnish your wages or attach your bank accounts to the judgment.
When a party is defaulted by the clerk or the court, that party cannot defend itself in the case until the default is set aside by the court. This means that unless the default is set aside, a judgment will likely be entered against the party that had a default entered against it.
The court must allow an application to set aside a default judgment if it has been 'wrongly entered' (CPR 13.2), and. In other circumstances, the court has discretion to, and may, set aside a default judgment (CPR 13.3).
A motion to set aside a default judgment is an ?independent action?, which means the judge's decision granting or denying the motion must be entered as a separate judgment. The parties then generally have thirty days from the date on which that judgment is entered to appeal it.
There are three things you can try to do to deal with a judgement if you can't pay: Try to negotiate a voluntary payment plan with the creditor. File to have the judgment vacated. File bankruptcy to discharge the debt.