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After the hearing, the court may order a default judgment in that amount.
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Sometimes, after entering an order of default, the court will hold a hearing to decide how much money the defendant should pay. If the court enters an order of default, and the defendant still does not respond, the plaintiff can ask for a default judgment.Ī default judgment is a court order giving one side (usually the plaintiff) an award (usually money) against the defendant because the defendant has not told the court that they want to fight the case, or the defendant has not responded correctly to the order of default.Ī default judgment may be entered after an order of default. Another common way is to not show up at court when you are supposed to. However, failure to answer the complaint is only one way to get an order of default entered against you. 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. It simply declares that the defendant is legally responsible (liable) to the plaintiff. The order of default does not settle the issue of how much money is owed. In other words, if you do not file the correct response within the time limits, you may lose your case by default, and end up owing the other side money.Īn 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. This, gives the other side some or all of what they told the court they should get. If the court thinks you do not wish to fight the case, it may enter an order of default or a default judgment against you. Read the Law for District Court: Maryland Rule 3-307 If you do not tell the court that you want to fight the case, or if you do not show up at court, the court may presume you do not want to participate in the case. The defendant’s response must be filed within the court’s time limits. For example, simply stating that you cannot afford to pay a debt may not be a good defense in a case, but explaining that the plaintiff claimed the wrong amount of debt may be a good defense. If the case was filed in District Court, the defendant usually files a notice of intention to defend and should include a defense that has merit. Read the Law for Circuit Court: Maryland Rule 2-323 If the case was filed in Circuit Court, the defendant usually files an answer (though in some cases, the defendant may file preliminary motions before or instead of the answer).
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The way to respond to the complaint depends on where the case was filed. If you want to fight the case in court, you have to tell the court in writing. The person who sues you is the “plaintiff” in the case. If someone sues you, you are the “defendant” in the case. My Motion to Vacate, or Strike, was not granted.My Motion to Vacate, or Strike, was granted.What is a Motion to Strike/Amend/Vacate a Default Judgment?.How can I respond to a Default Judgment?.What is a Motion to Vacate an Order of Default?.How can I respond to an Order of Default from a Circuit Court?.How do I know if I have a Default Judgment?.Forms and instructions are available from the conciliation court. In contrast, Rule 520(b) requires compliance with the formal requirements for making a motion in the district court.
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Rule 520(a) authorizes an informal, ex parte proceeding (involving appearance of one party only), which typically includes the presentation of an affidavit establishing lack of notice, mistake, inadvertence or excusable neglect as the cause of that party's failure to appear. Computing the deadline can be difficult and confusing for lay persons, and Rule 514 attempts to alleviate this problem by requiring the court administrator to perform the computation and specify the resulting date in the notice of order for judgment, taking into consideration applicable rules, including Rule 503 of these rules and Minn. The 20 days is measured from the mailing of the notice of judgment, and the law requires that an additional three days be added to the time period when notice is served by mail. Rule 520(a) establishes a 20-day time period for obtaining an order to vacate a default judgment order or order for judgment of dismissal.