Mississippi Application for Entry of Default Judgment

State:
Mississippi
Control #:
MS-60451
Format:
Word; 
Rich Text
Instant download

Description

Application for Entry of Default Judgment: An Application for Entry of Default Judgment is filed by a party, when after a certain amount of time has passed and the opposing party fails to file an Answer. After such time has passed, the filing party asks the court to enter a judgment against the non-filing party to bring the litigation to a close. This form is available in both Word and Rich Text formats.
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FAQ

Entry of default refers to the process where the person making a claim in a case makes a request before a court of law stating that the party against whom they have made a claim have failed to furnish any meaningful response to the claimant's pleadings within the time allowed for that.

The danger of allowing a default judgment against you is once this occurs the debt buyer can garnish your wages and your bank accounts.If you don't submit a written answer to the lawsuit the court can enter a default judgment giving the debt buyer everything they are asking for.

Generally, if a defendant fails to respond to a complaint you can get a default judgment after 45 days. However, the court system is very slow these days and it can take several months to get the court to issue the default judgment.

A default judgment means that the court has decided that you owe money. This a result of the person suing you in small claims court and you failed to appear at the hearing.

A default judgment means that the court has decided that you owe money. This a result of the person suing you in small claims court and you failed to appear at the hearing.

Instances in which Default Judgment may be sought or granted: The Defendant failed to serve and file Notice of Intention to Defend. The Defendant delivered the Notice of Intention to Defend but failed to serve and file a Plea. The Defendant has entered into a defective entry of Notice of Intention to Defend.

A simple default doesn't mean you legally owe a certain amount of money. A default judgment identifies the amount you owe the plaintiff. You don't want this to happen because a default judgment makes you a judgment debtor. Plaintiff may use all sorts of legal procedures to legally take your money and property.

When a default is entered, the party who requested the entry of default must obtain a default judgment against the defaulting party within 45 days after the default was entered, unless the court has granted an extension of time.

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Mississippi Application for Entry of Default Judgment