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Tuesday, December 22, 2020 11:19:14 PM
A default judgment by the court clerk may be entered if: (1) the defendant has not responded at all; (2) the claim is for money damages; (3) the plaintiff provides an affidavit of the sum owed; and (4) the defendant is not a minor or incompetent.
A default judgment by a judge: if an element of the court clerk default is not met, but the judge would have to hold a hearing on damages and the defendant is entitled to notice of the hearing if they appeared at some point in the case.
In this case, Madero Holding has not responded, the claim is for money, Defendant is not a minor or incompetent. Only thing left is the affidavit of the sum owed, that is what this brief in support of default is for. Thus, in my opinion, the court clerk’s default has now met all of the elements. I’m thinking this is it. Take care.
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