Blog Archives

A motion for default judgment

Posted in *All Posts, *Federal Court, Default Judgment, Litigation, Motions

A plaintiff may be granted a judgment by default upon application to the court where a default has been properly entered against a defendant

Posted in *All Posts, Default Judgment, Litigation

Setting aside a default

Posted in *All Posts, Default Judgment, Litigation, Motions, Relief from judgment

Default on a breach of contract claim

Posted in *All Posts, *Federal Court, Contracts, Default Judgment, Litigation

Pursuant to the Federal Rules of Civil Procedure, the Court may, upon a plaintiff’s motion, enter a default judgment against a properly served defendant who fails to plead or otherwise defend an action

Posted in *All Posts, *Federal Court, Default Judgment, Litigation

Relief from the operation of the judgment or order should be more liberally applied in cases where the requested relief is from a default judgment

Posted in *All Posts, Default Judgment, Litigation, Relief from judgment

Service by mail

Posted in *All Posts, *Published case, Default Judgment, Litigation, Personal Jurisdiction, Service of process

A motion to vacate a default judgment

Posted in *All Posts, Default Judgment, Litigation, Motions, Relief from judgment

A trial judge’s decision to grant or deny an application to vacate a default judgment is accorded substantial deference and will not be disturbed absent a clear abuse of discretion

Posted in *All Posts, Default Judgment, Relief from judgment

A sheriff’s return of service is presumed correct, and may be rebutted only by clear and convincing evidence

Posted in *All Posts, Default Judgment, Lack of personal jurisdiction, Litigation, Personal Jurisdiction, Relief from judgment

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