Category: Default Judgment

A trial court should view the opening of default judgments with great liberality, and should tolerate every reasonable ground for indulgence to the end that a just result is reached

Setting aside the entry of default

A default judgment will not be disturbed unless the failure to appear or otherwise defend was excusable under the circumstances and unless the defendant has a meritorious defense to both the cause of action and damages

A motion for default judgment

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

Setting aside a default

Default on a breach of contract claim

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

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

Service by mail