The Beginner's Guide to Default Judgments

Do you know what a 'default judgment' is? These unique legal judgments can either make or break your case, depending on which side of the ruling you are. Your allies at the Law Offices of Phillips, McElyea, Carpenter, & Welch, P.C. are here to help increase your understanding of default judgments and how to use them to your advantage.

Judgments By Default

To put it simply, a default judgment exactly what the term implies: a judgment in favor of one party over another by default. When one party fails to take some form of required action, such as failing to appear before a court of law or failing to respond to a court order, the other party may request the Court to grant a default judgment.

When one party fails to comply with certain mandatory legal proceedings, the court may automatically rule in favor of the compliant party. Though not physically present, the defaulting party will be obligated to comply with the Court's judgment.

Setting Aside Default Judgments

In some situations, the defaulting party can get the default judgment "set aside," thus rendering him/herself exempt from the judgment. In order to get default judgments set aside, the defaulting party must file a motion that provides two things:
  • Good Cause
  • Meritorious Defense
Good Cause - You must be able to provide a good reason for why you did not respond to the initial court order in a timely manner.

Meritorious Defense - You must be able to provide facts and evidence counteracting the allegations and against you.


Questions To Ask Your Attorney

No matter whether you're the plaintiff or the defendant, it's a good idea to talk to an experienced Camden County lawyer to make sure you understand the ins and outs of default judgments. Here are some questions to consider asking your Lake of the Ozarks attorney:
  • How much time do I have to set aside a default judgment?
  • How do I file a motion to set aside a default judgment?
  • How do I get the money promised to me from the default judgment?
If you are looking for more information about default judgments, don't hesitate to reach out to the our law firm in Camdenton, Missouri. Our experienced attorneys may be able to provide the assistance you need.

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Law Offices of Phillips, McElyea, Carpenter, & Welch, P.C.
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Location: Camdenton, MO 65020, USA

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