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The Plaintiff filed for Motion for default judgment and i received a notice that the motion for default judgment is hereby denied What does that mean to me being the defendant?
Wiki User
∙ 14y ago
That normally means the plaintiff asked the judge for a judgment against you not on the facts of the case but just because you're in default (for failure to appear, plead, answer, or do something else you're supposed to do as a defendant in litigation wherever you are). And apparently the judge said no, and either the law required that notice be sent to you or the judge in his or her discretion ordered that notice be sent to you. So right now there's no judgment against you -- yet.
The next step if you do nothing but continue to receive court notices and you do not respond, may be for the plaintiff to ask the judge for a trial date where the plaintiff puts on its witnesses and evidence and if you are given notice to the trial and don't show up the judge could enter a judgment against you "ex parte" (one-sided) and then it just gets more difficult to undo anything.
Wiki User
∙ 14y ago
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What is Request of entry of default?
When a person (the plaintiff) sues someone (the defendant), the defendant gets a certain amount of time to respond to the lawsuit (times vary by state). If the defendant does not respond to the lawsuit within the time period prescribed or does not show up to court on the day he or she is supposed to, the plaintiff will ask for (and the court will usually give) a default judgment. Simply put, the plaintiff wins because the defendant did not make an effort to defend themselves. A request for entry of default is when the time has passed for the defendant to respond to a lawsuit and the plaintiff is asking for a default judgment. This only applies to civil cases, not criminal cases.
What happens if you and the defendant don't show up on a hearing for child support case at court?
You lose. If the defendant doesn't show up for their notified court hearing, a default judgment will be made against them. If the plaintiff doesn't show up, the case will be dismissed. In the case of a defendant, the plaintiff will then go about collecting the award through garnishment of wages and placing liens on property.
What does motion and request for default mean?
A plaintiff starts a lawsuit by filing a complaint and serving the complaint and summons on the defendant (or defendants). If the defendant does not answer the complaint or otherwise respond to the suit, the plaintiff make request a "default judgment." This means, more or less, "the defendant has not responded and the court should therefore grant what I sought in the complaint." Usually, a default judgment will be restricted to the relief sought in the complaint and will be restricted to amounts that are reasonably calculable. For example, say somebody hit you with their car, and you sued for $100,000 in medical bill. If the defendant ignores the lawsuit, the plaintiff will request a default judgment, and the court will likely grant them a $100,000 judgment. The plaintiff will then take the judgment to (most often) the county sheriff's department, which will then seize a defendants property to be sold to pay the judgment; or plaintiff can seek other remedies, like garnishment of wages. Lesson: don't ignore lawsuits. That's how you lose for sure.
What happens if you don't appear in a civil suit court case?
The plaintiff wins the case by default and a judgment is entered against the defendant. A civil lawsuit summons is not a court order per se and therefore the defendant is not obligated to appear. An order of appearance from the court, interrogatories, depositions, discovery motions and so forth are different matters and the person(s) named should always respond. Legal counsel is always advisable in such matters.
If the defendant in a civil suit does not respond to the charges what happens?
The plaintiff will win a by default and a judgment will be entered against the defendant. There are not laws that require a person to file an answer or to be present at the civil suit hearing.
What is a proof hearing when other party does not dispute owing you?
A hearing before the court to prove a plaintiff's case against a defendant, where the defendant is in default and has not made an appearance in the case. Generally used to get a default judgment against a non-answering party.
Does the plaintiff have to attend court for a hearing?
Yes since you started the case, unless you intend to drop it entirely
Waiver of jurisdictional defenses?
I believe this falls under 'change of venue'. A defendant or the prosecution may ask a judge to change the venue or to change the jurisdiction where the case is being prosecuted. This may be the case if a defendant believes he may get a fair trial. A jurisdictional defense is one based on whether the court has jurisdiction over the defendant. For example, if one has to be personally served but was served by some other, unauthorized means, the court may not have jurisdiction over that person. In other words that person has a jurisdictional defense to the action. If however, the person appears in court and does not raise the jurisdiction issue, he/she has waived that defense. Here's how this plays out. A plaintiff claims to have served a defendant with process. Once the defendant does not answer within the time prescribed by law, the plaintiff would then move for a default judgment. The defendant become aware of the default judgment when the plaintiff attempts to execute on it (e.g., restrain his bank account...) The defendant then files a motion/order to show cause asking the court to vacate the default judgment. The plaintiff agrees to vacate the judgment provided the defendant "waives jurisdictional defenses,"i.e. lack of personal service.
What is the consequence of plaintiff failure to appear in Virginia district court?
If the defendant fails to appear in a civil court lawsuit, the plaintiff can motion the court for what is known as a default judgement. In laymen terms, they win. If the defendant shows up but the plaintiff did not, they can motion to have the case dismissed with prejudice. This means that the person who sued them cannot bring the same matter back to the courts again.
How do you challenge a civil judgment in the state of California if you missed the court date?
File a Motion to Quash This action relates to the validity of the judgment, non appearance is not a valid defense for having a judgment voided. If the defendant does not appear he or she loses by default and a judgment is entered in favor of the plaintiff.
What does it mean when my divorce status says red- request for default filed?
A Request for Entry of Default is filed by the plaintiff when the defendant did not show up for the hearing and the plaintiff wants the court to enter an Entry of Default. The Entry of Default must be filed before a Default Judgment can be issued whereby the plaintiff will prevail in the lawsuit.If your case is not ready for a default hearing, you will receive a red notice with instructions on what to do next in your case to get a default hearing set, or if you cannot go by default. You should contact the court if you have questions.
What is a judgment of default?
The term describes the action taken by the court when the named defendant fails to respond to the lawsuit summons in writing and/or appearance upon the court date. A defendant is not required to make an appearance in court in a creditor suit, but failure to do so means the plaintiff will be automatically be awarded a writ of judgment. Such a judgment can then be executed against the defendant's real and personal property in accordance with the laws of the defendant's state.
