This form is a judgment by default. This form is used to issue a judgment in favor of plaintiff against the defendant pursuant to Fed. R. Bankr. P. 7055.
Puerto Rico Judgment by Default - B 261A
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YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO FILE A COMPLAINT IN THIS CASE. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR RIGHT TO SUE THE DEFENDANT AND THEREBY LOSE PROPERTY OR OTHER IMPORTANT RIGHTS.
This means that you do not file any response by the deadline. The Plaintiff then can ask the judge to decide the case without your input. This is called a default or a default judgment.
The court must set aside a default judgment if you: have paid the whole amount owed (including any interest and costs) before the date the creditor entered judgment; sent back the acknowledgment of service form within the time limit; put in a defence within the time limit; or.
A default ends the defendant's chance to file a response because the defendant has not responded in time. You must ask for a default within 10 days of the defendant missing the deadline to respond.
If the defendant fails to enter an appearance, the plaintiff can apply to court for judgment in default of appearance.
IMPORTANT NOTICE. You are in default because you have failed to enter a written appearance personally or by attorney and file in writing with the Court your defenses or objections to the claims set forth against you.
In California, entry of default completely cuts off a party's right to appear in the action (e.g., take discovery, file motions other than a motion for relief from default or contest the material allegations of the complaint for purposes of the action). (See Devlin v. Kearny Mesa AMC/Jeep/Renault, Inc. (1984) 155 Cal.
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