News Focus
News Focus
Followers 129
Posts 3722
Boards Moderated 0
Alias Born 01/02/2003

Re: Wolverine1997 post# 48553

Friday, 07/01/2011 1:09:20 AM

Friday, July 01, 2011 1:09:20 AM

Post# of 118206
I'm no Attorney, but I just looked this up in Wikipedia. It seems to be a pretty thorough explanation of the Entry of Default.

Entry of default
Typically, the plaintiff (or cross-complainant, cross-plaintiff, counter-claimant, counter-plaintiff, third-party plaintiff, etc.)[1] must show that service of process was effected on the defendant (cross-defendant, counter-defendant, cross-defendant, third-party defendant, etc.). This is typically achieved by the filing of an affidavit of service[2] (also known as a proof of service),[3] which gives enough information to allow the court to confirm that valid service has been accomplished.[4] Typically the affidavit states, under oath or penalty of perjury, that service was effected on a named defendant, briefly describes how it was effected, names the person who made service, and gives the place and date service was effected.[5] Once the requisite time to respond to the complaint has passed, the defendant is "in default"; this may be automatic,[6] or it may require the court clerk to enter the default (which may, in turn, require that the plaintiff request entry of the default).[7] Some defaults do not take effect until a set period of time after the clerk acts.[8] The clerk may have to give the defendant notice of his default, affording a chance to have the default vacated.[9]
The entry of a default typically prevents the defaulted defendant from litigating his case or presenting evidence, and may excuse the other parties from giving him notice of further proceedings.[10]

http://en.wikipedia.org/wiki/Default_judgment

Discover What Traders Are Watching

Explore small cap ideas before they hit the headlines.

Join Today