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(a) whether the motion was brought promptly after the defendant learned of the default judgment; [page568] (b) whether there is a plausible excuse or explanation for the defendants default in complying with the Rules; and. (c) whether the facts establish that the defendant has an arguable defence on the merits.
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. If the judge grants your motion, the case starts back up again.
If youre asking for a court judgment, you need to write a Declaration that says who is who in the case, the legal reason you filed the lawsuit, what evidence you have that proves your case, and what interest, if any, the defendant owes you.
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.
Entry of a defendants default simply means that the defendant is thereafter barred from defending against the lawsuit, whereas the default judgment is the courts pronouncement of what the plaintiff is entitled to against the defendant (such as money damages, declaratory relief, an injunction, or otherwise).
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The process for setting aside default judgment You will need to make an application to the court regardless of whether consent is obtained, but seeking consent may mean that the claimant does not oppose the application, potentially reducing the costs of the application.
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. If the judge grants your motion, the case starts back up again.
To have the default judgment set aside the defendant must show the court that: ​​​​there is a good reason why they did not file a defence within 28 days. they have a bona fide (genuine) defence.

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