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That the affiant has personal knowledge of the facts set forth in the affidavit. 2. That the unlawful detainer complaint was served or posted and mailed on date. 3. That more than days have elapsed since the unlawful detainer complaint was served or posted and mailed as required by law. 4. That the defendant has failed to answer or otherwise defend against the plaintiff s Unlawful Detainer Complaint* 5. That this affidavit is executed by the affiant in accordance with Rule 55 b ARCP for the pur ...

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What is a default Judgement in Alabama?

(a) Entry. When a party against whom a judgment for affirmative relief is sought has failed to plead or otherwise defend as provided by these rules and that fact is made to appear by affidavit or otherwise, the clerk shall enter the party's default.

How do I vacate a default Judgement in NJ?

If you file a motion to vacate a default or a default judgment, you must file an answer to the original complaint along with any cross claims or counterclaims you may wish to assert, and the motion must be accompanied by the appropriate fee. Make a check or money order payable to Treasurer, State of New Jersey.

What does default judgment mean in legal terms?

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.

Can you get a default Judgement reversed?

You cannot appeal this kind of judgment and have a new trial until you \u201cvacate the default judgment\u201d, that is, until you have the judgment removed or erased. To vacate a default judgment, do the following: 1. Get the form called Notice of Motion to Vacate Judgment from the small claims clerk.

How long does a judge have to rule on a motion in Alabama?

Consent to extend the time for a hearing on the postjudgment motion beyond the 90 days is deemed to include consent to extend the time for the trial court to rule on and dispose of the postjudgment motion.

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How do I fight a default Judgement in Michigan?

After the court enters a default or a default judgment against you, you can't take any action in a case until you have it set aside. You can ask the court to set aside your default or default judgment by filing a Motion and Affidavit to Set Aside Default.

Can I get a Judgement reversed?

Just as there are two ways for a creditor to get a judgment against you, there are two ways to have the judgment vacated. They are: Appeal the judgment and have the appeals court render the original judgment void; or. Ask the original court to vacate a default judgment so that you can fight the lawsuit.

What would a defendant do to undo a default?

SET ASIDE DEFAULT: A defendant can petition the Court to set aside the default. This is a noticed motion before the Court seeking to ask the Court to remove the default and allow the defendant to answer the pleading as if no default was ever taken.

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