Tabberone is pronounced tab ber won |
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Last updated March 14, 2009 Default Judgment
If your opponent does not bother to answer the complaint you get to file for a default judgment. This doesn't happen very often so don't waste your time hoping.
It's great if the other side never intends to fight it but it hs its drawback. The default gives you pretty much you have requested but it can be a weak victory.
Your opponent has 30 days after the default judgment is entered into the record. The judge's order to enter a default is not a default. The clerk must enter
it into the record. Courts basically hate default judgments. If your opponent files a motion to set aside the default within 30 days it is very likely the court will set it aside.
The courts use three ctiteria in determining if a default judgment should be set aside:
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