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How do you set aside a default decision?

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.

What must be filed by a defendant to prevent a default Judgement?

To ask the judge to set aside your default judgment, you must file a motion (a formal written request) with the court.

What happens in case of default?

Defaulting on a loan happens when you miss payments for a specified period of time. When a loan defaults, its sent to a debt collection agency whose job is to collect the unpaid funds from you.

What does it mean when a motion is denied?

The judge will either grant or deny the motion. If it is granted, the case is over and the defendant wins. If the motion is denied, as it usually is, the defense is given the opportunity to present its evidence. Diagram of How a Case Moves Through the Courts. Civil and Criminal Cases.

When the defendant fails to answer a complaint the judge may decide to issue?

If the defendant fails to answer the plaintiffs claims or fails to appear at the hearing, the judge may, upon the plaintiffs request, hear and decide the case without hearing the defendants side. This is called a default judgment.

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