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If the defendant refuses or fails to answer within the prescribed period, the other party will most likely file a motion to declare the defendant in default. If this motion is granted by the court, the defendant will lose the chance to answer or participate in any stage of the case.
Is a default judgment a final judgment?
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.
What happens after entry of default?
After a motion for default is filed it means you have a judgment entered against you. At this point, you must begin responding and attempt to have the court set it aside. This is truly your only hope to begin fighting the debt once again and to avoid wage garnishment.
What does default mean in a hearing?
A default judgment (also known as judgment by default) is a ruling granted by a judge or court in favor of a plaintiff in the event that the defendant in a legal case fails to respond to a court summons or does not appear in court.
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(a) Entering a Default. When a party against whom a judgment for affirmative relief is sought has failed to plead or otherwise defend, and that failure is
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