North Carolina Clauses Relating to Defaults, Default Remedies
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FAQ
Once the clerk (or judge) has completed the entry of default, the allegations in the plaintiff's complaint are deemed admitted and the defendant is no longer entitled to make affirmative defenses.
A liquidated damages provision is enforceable under North Carolina law when: 1. damages are speculative or difficult to ascertain, and 2. the amount stipulated is a reasonable estimate of probable damages, OR the amount stipulated is reasonably proportionate to the damages actually caused by the breach.
Rule 54. ? A judgment is either interlocutory or the final determination of the rights of the parties. (b) Judgment upon multiple claims or involving multiple parties.
- When a party against whom a judgment for affirmative relief is sought has failed to plead or is otherwise subject to default judgment as provided by these rules or by statute and that fact is made to appear by affidavit, motion of attorney for the plaintiff, or otherwise, the clerk shall enter his default.
The Agreement has several available remedies for the buyer and seller in the event of default. The options include (1) declaring the Agreement null and void, (2) termination of the Agreement, (3) specific performance, and (4) stipulated damages.
(b) Service - How made. - A pleading setting forth a counterclaim or cross claim shall be filed with the court and a copy thereof shall be served on the party against whom it is asserted or on the party's attorney of record as provided by this subsection.
(c) Setting Aside a Default or a Default Judgment. The court may set aside an entry of default for good cause, and it may set aside a final default judgment under Rule 60(b).
- When a party against whom a judgment for affirmative relief is sought has failed to plead or is otherwise subject to default judgment as provided by these rules or by statute and that fact is made to appear by affidavit, motion of attorney for the plaintiff, or otherwise, the clerk shall enter his default.