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This is a legal document that states the following: The date of the notice. The names of the lender and borrower. The date of the promissory note itself. The full amount of the promissory note (that is, the total amount that was borrowed) The number of installment payments that have been missed.

In California, the entry of default is not automatic. To get the entry of default, the plaintiff must file an application for default judgment with the court clerk. Under certain circumstances, a Code of Civil Procedure section 425.11 statement of damages and a proof of service attached.

Collecting the Judgment 30 days after the debtor was served you can obtain a Writ of Execution (EJ-130). If the debtor does not file a motion to vacate the judgment in those 30 days, then your California judgment is finalized and you can begin collecting.

In the US, a default judgment is entered against the defaulting party without consideration of the merits of the case. A default judgment is binding and may be entered against a party who fails to: Respond to a complaint. Appear at a scheduled hearing or trial.

The foreclosure process is defined by California civil code 2924 and begins with the filing of a Notice of Default (NOD) with the county recorder. Once a borrower is at least 90 days behind in making mortgage payments, the lender will file a Notice of Default with the court of the county where the property is located.

A notice of default is a formal public notice that is filed with the state court and states that the borrower is in arrears. It is used when a borrower delays in making mortgage repayments, and the mortgage lender files the notice of default as the first step of a foreclosure process.

Requirements Before You Can Enter a Default: (1) Defendant must be served with Summons and Complaint.(2) The time for responding to the Summons and Complaint must have passed.(3) Defendant must have failed to file a responsive pleading to the Complaint.(4) Defendant must be served with a Statement of Damages.

Once a default is entered, the defendant is no longer able to file a response or otherwise participate in the case. When the default is entered, you may also ask the court to enter a judgment in your favor.

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Sacramento California Sample Letter for Default Entry

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