What Can Be Done About A Default Judgment?

This of course requires analysis of what happened and why. If you were properly served with a lawsuit, you had twenty days to file your response. If you did not respond, the Plaintiff can apply at any time for a default and thereby obtain the exact relief he/she requested. You can file your motion to set aside the default, but there are certain requirements that need attention when preparing your papers. Occasionally, although a default is obtained the defendant was not actually served or was not properly served. This will call for a different analysis then does the more common situation in which the defendant has been served but has let the time go by. Not all defaults are necessarily bad. In some divorces, the plaintiff attempts to come up with terms that the defendant will not oppose. In those situations, a default is simply the means of concluding a tacit agreement. There are time limits to motions to set aside a default. After six months it may no longer be possible to set aside your default. It is best to act right away upon finding out about a default.