The court’s rules state the circumstances in which a judge can set aside a default judgment. In what situations can a judge set aside a default judgment? To learn more about judgments and collection generally, click to explore Judgments for Money. To learn more about civil cases generally, click to explore Lawsuits for Money. You can then appear in the case and assert whatever defense you have to plaintiff’s claims. If the judge grants your motion, the case starts back up again. If you do not think the default judgment was appropriately entered against you, you must file a motion with the court asking the judge to “set aside” (void or nullify) the judgment. That means she can try to garnish your wages or attach your bank accounts, among other things. If the court has entered a default judgment against you, the plaintiff can collect it like any other judgment. If you fail to file with the court before your deadline, the plaintiff can ask the court for a “default judgment.” A “default judgment” is a money judgment awarded against you simply because you failed to appear in the case and defend yourself. If you have been served with a summons and complaint, you typically have twenty days to file a response with the court. If the plaintiff is unable to serve the defendant (or the defendant is avoiding service), she can ask the court to serve by publishing a notice in a legal newspaper. The summons and complaint must be “served” (personally delivered by a process server) to the defendant. The plaintiff also has the court issue a “summons” that notifies the defendant that he is being sued and needs to defend himself. A “complaint” describes what the plaintiff wants and identifies the “defendant” (the party being sued). To start a civil case, the “plaintiff” (the party suing) files a “complaint” with the court. You need to state how the motion was served and sign attesting to the service.Learn what to do if you’ve discovered that a “default judgment” was entered against you, which can happen even if you didn’t know you’d been sued and never appeared in court. Sample language might be, “WHEREFORE, Defendant respectfully requests that the Court grant this motion and dismiss the complaint with prejudice.” At the end of the motion you should again request dismissal. In support of the motion, Defendant states…” Then you list the facts that support your motion. For example, you would write, “COMES NOW Defendant Aisa Rosen, representing himself pro se, who asks this court to dismiss the action with prejudice. In the body you request dismissal and provide the factual grounds for the relief. You should title the motion “Motion to Dismiss the Complaint.” Look at an earlier motion or pleading in your case to find this information. The header identifies the court, the parties, and the case number. At a minimum, a motion to dismiss should have: X Research source Try to find samples specific to your state, as the form and substance of motions can differ somewhat from state to state. Type “Motion to Dismiss” and then your state. You should look for samples on the Internet. If your court does not have a fillable form, then you will need to draft the motion yourself.
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