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In summary, CPR 12.3 provides that the claimant may obtain judgment in default only if the defendant has not filed an acknowledgment of service or defence (as the case may be) and the relevant time for doing so has expired.
What happens next? When you file your Motion and Affidavit to Set Aside Default, you will get a hearing date and time from the court clerk. At the hearing, the judge will grant or deny the motion. If the judge grants your motion, the default or default judgment will be set aside, and the case will move forward.
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.
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.
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.
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.
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.
Unspecified sum money claim Complete the bottom of the judgment request section on the "notice of issue (unspecified amount) form" (N205B) and to request judgment by default complete form N227 Request for judgment by default (amount to be decided by the court). A judge will decide: if a court hearing is needed, or.