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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.

An order of default is a court order saying that one party (usually the plaintiff) has won the case, and the defendant has lost, because the defendant did not participate in the case.

Of course, even where default judgment is entered, that is not necessarily the end of the matter. The defendant may be able to have the judgment set aside if it can persuade the court that it has a real prospect of successfully defending the claim or there is some other good reason why the judgment should be set aside.

The defaulting defendant merely loses his standing in court, he not being entitled to the service of notices in the cause, nor to appear in the suit in any way. He cannot adduce evidence; nor can he be heard at the final hearing.

An entry of default is the first step to obtaining a default judgment against a party, and allows you to proceed in the action without further notice or input from the opposing party. An entry of default can come in two forms, an entry by the clerk or an entry by the judge.

A judgment from a Small Claims case expires six years after it is issued. Most other judgments in Michigan expire 10 years after they are issued. You can renew a judgment before it expires by filing a motion to renew a judgment.

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.

The Request to Enter Default is used to complete a case where the Respondent has not filed a Response and more than thirty days have passed since personal service of the Summons and Petition.

Once the court has entered a judgment, your creditor can collect the judgment by garnishing you. This lets the creditor take the money directly from your bank account or paycheck. Your creditor might also legally seize your property.

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Wake North Carolina Sample Letter for Enclosure of Clerk's Docket Entry of Default

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