Solei Systems Inc. (fka SOLI)

[EdF]

What is an Order of Default?

An order of default is a court order saying that one party (usually the plaintiff) has won the case, and the defendant has lost, because the defendant did not participate in the case. The order of default does not settle the issue of how much money is owed. It simply declares that the defendant is legally responsible (liable) to the plaintiff.

Usually this happens when the person who is being sued (the defendant), does not tell the court in writing that they want to fight the case. However, failure to answer the complaint is only one way to get an order of default entered against you. Another common way is to not show up at court when you are supposed to.

If the court enters an order of default, and the defendant still does not respond, the plaintiff can ask for a default judgment.

What is a Motion to Vacate an Order of Default?

A Motion to Vacate is a written request, filed with the Clerk’s office, asking the court to undo the order of default and allow you to defend the case. In the motion, you must show the judge a good reason to allow your request and vacate the default. You must tell the judge why you did not file your response in time. You must also state the legal and factual basis for your defense.

How can I respond to an Order of Default from a Circuit Court?

Quickly. If you receive an Order of Default, and you want to fight the case, you can quickly file a “Motion to Vacate an Order of Default.” In this motion, you must tell the court that you want to contest the case and why you did not file your response in time. You must also state the legal and factual basis for your defense. In Circuit Court, you have 30 days from the date the order of default was entered (not from the date you received a copy of it) to file this motion. File the motion as soon as possible, because if you file it too late, you may permanently lose your opportunity to defend the case. In Circuit Court, if a final judgment has not been entered, the Court may or may not let you proceed with your case after the 30-day deadline passes.

https://www.peoples-law.org/default-orders-judgments-maryland-what-are-they-and-what-can-i-do-if-i-get-one#definition