This form is a judgment by default. This form is used to issue a judgment in favor of plaintiff against the defendant.
Missouri Judgment by Default - B 261B
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How to fill out Judgment By Default - B 261B?
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The term interlocutory is used to indicate a lack of finality. For example: An interlocutory decree is a judgment that does not settle all of the issues of a case and where the further action by the court is needed to settle the controversy.
There are two types of default in Missouri: (1) an interlocutory order of default and a (2) default judgment. With an interlocutory order of default, there is a finding of liability, but not damages. The assessment of damages comes at a later date after the plaintiff presents evidence as to damages.
As opposed to a final judgment, an interlocutory judgment is a temporary judgment that is issued during the litigation of a case rather than after trial. In general, interlocutory judgments are judgments entered before a trial comes to an end.
This is called a default judgment, and the plaintiff (the person suing you) can then pursue legal means to collect the money from you. If you do not agree that you owe the money and you want to defend the claim against you, you should appear in court on the day noted on the summons and present your side of the story.
For example, an interlocutory order may compel a spouse to pay a certain amount of money each week before the court resolves the issue or Child Support or Alimony. This way, the spouse and children will not suffer due to lack of finances during the trial proceedings.
Rule 74.05 - Entry of Default Judgment (a) Entry of Default Judgment. When a party against whom a judgment for affirmative relief is sought has failed to plead or otherwise defend as provided by these rules, upon proof of damages or entitlement to other relief, a judgment may be entered against the defaulting party.
When a party against whom a judgment for affirmative relief is sought has failed to plead or otherwise defend as provided by these rules, an interlocutory order of default may be entered against that party. After entry of an interlocutory order of default, a default judgment may be entered.