Default vs. Default Judgment under Federal Rule 55 and 60
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- เผยแพร่เมื่อ 21 ก.ค. 2024
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When you are sued as a Defendant in Federal Court, if the defendant does not respond the Plaintiff will enter a default, and then will file for default judgment. Attorney Steve litigation lawyer explains FRCP 55 and 60.
FRCP is a two part deal where the Plaintiff files for the default when the Defendant fails to "plead or respond" within 20 days after being served the summons and complaint.
When this happens, the court will enter the default, but then the Plaintiff usually will have to come back and file an application for "default judgement."
The court may then set a hearing where the Plaintiff will have to prove their damages in a "prove up" hearing. This will be a much easier case for the Plaintiff since the opposing party will not be there to object, and the burden or production and persuasion may be reduced.
This video explains the difference between the two legal concepts and explains this in plain language you can understand. There is also an explanation of how to seek to set aside the default or the default judgement.
If you need a federal court lawyer for a business, real estate or intellectual property dispute (ex. copyright or software infringement) contact us at (877) 276-5084 to discuss your case.
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The enthusiasm is contagious!
Thanks Claudia!! : )
Very small tweak: Unless there is waiver of service, I think it’s 21 days* after service to respond with an answer or pre-answer motion-not including the day of service of process.
Does the DA have to follow the 21days or 35 day rule to answer or respond to Motions filed by defending party?
That 20 days goes by in the blink of an eye too.
Yes it does. SV
Steve, You are truly awesome!! Professional, Comical, Very Knowledgeable & Thorough!!
I am filing a motion of reconsideration for a determination of probable cause, as the Law enforcement officer admitted to discrepancies, in his SIR report that is untrue and that his supplemental narrative was accurate, yet hasn't informed the court of this error on facts, along with several other provable errors in the probable cause SIR report which was the only thing used to determine probable cause for a criminal proceeding. We were never informed of a probable cause hearing so we were not "heard" at this hearing, and the clerk claimed that this was not a hearing, so no record exists of this determination, only that there was a determination. Hopefully FRC 60 can help. thank you for this video!
Thanks Steve, great dissertation ,,please MORE VIDEOS like these,,,DD in Los Angeles
You are the best. Thank you so much for all your videos!
Thanks Star!! Woo-hoo!! Steve
Thank you so much. This is exactly what’s happening to me even though my husband pretends that it’s not.
Love ya man. FRCP 55 is what I needed to insert on my motion that is being mailed tomorrow!!
Awesome!! SV
Thank you for making this video. You’ve been very helpful.
You are welcome Odette! Just trying to make the world a better place. SV
Thanks Robert for the nice comment, keeps me going!! SV
Hey, thanks for this! I like the white board style. Subbed!
Thank younfor clarifying default vs default judgment
Glad you liked it - thank you!! SV
You are the best ✌️, thank you very much Sire
Very well done.
Another look at the administrative process.
Thanks à reminder to stay in honor at àll costs.
Serve, then if no response offer opportunity to cure, have the notary issue a notice of non response put the other party into dishonor. Stay in honor ànd win with a default judgment. I'm learning from this
Thank you your experiencing explained and broke it down so I can understand the meaning of a default and a default judgment thank you by the way Lyft Is the defend it
This is where I am. We were paying on a bill and they filed a motion of default. They had to back pedal on the whole thing. I was served the first sop and when I went months later to finish paying the whole thing back they told me that there was a judgment and that I actually paid off another account from the same creditor in their office. I asked them about settling the judgement and was told I was not allowed. Two weeks later they went in to my bank account. They did not follow procedures to get this money. It was and still is a mess
This is great information steve. Thank you.
You bet - thanks for the feedback! Steve
Excellent video describing what? Basically Legal Jurgen means and I wish I would’ve saw this video a while ago.
Hi. Thanks for the great video. What if default judgment was entered 862 days after default was granted? And Default was granted due to the defendant not showing up to court after Answering? The damn new girl judge set it aside because the default judgment was entered a month or so before his Motion to Set Aside. I'm probably going to have to appeal. Besides, all my evidence is gone. And the defendant lied left and right under penalty of perjury. Thanks.
Thanks Bridlewood, appreciate the positive feedback!!
You rock!!!!! Thank you SO much!
A ( motion to default ) is step one, a ( motion for default judgment ) is step 2
You just moved to the top of the class!! SV
I despise attorneys yet i like you! thank you sir
Well I certainly appreciate that!! : ) . Steve
Usually defense attorneys are the scum of the earth. They essentially play “hide the ball” and try to deceive the court by only including half of the facts that favor their own side. They’re often not above suborning perjury or even committing it. In California Rule 3.3 of the Rules of Professional Conduct (Candor Toward the Tribunal) was ratified by the California Supreme Court as law.
Great presentation.
Thank you Robert!
so much better than my Kaplan explanations!
Thanks Erika, I just try to boil it down to its essence.....cheers! Steve
Thanks STEVE.
I'm in FED court but this Process should work in State Courts.
Yeah, They got me on a BOGUS claim with absolutely no evidence.
and I DID NOT Know, how to or WHY of the "motion to set aside"
One thing you did not talk about is HOW MUCH TIME(limitations) for the Motion to set aside.
You are the Best!
For the first time in my life......I agree. Thank you for being so sweet! Sharon!! SV
Great teaching
Thank you, appreciate the love and support!! Steve
I’m not sure if it’s the same with a divorce but this makes so much sense when it seems so complicated.
Nice job explaining. This is good info for pro se people like myself. I’m currently in the process now as the plaintiff.
Yes, also check your court, sometimes they have a "pro se guide" that could have a lot of helpful information. Here is an example from one court. www.fedbar.org/wp-content/uploads/2019/12/Pro-Se-Handbook-APPROVED-v2019-2.pdf
Thank you for that default enlightenment
@@attorneysteve Thank you. I have some familiarity with the process. The pro se guide should be provided in every court. My court does not provide them . Thank you for taking the time to do these videos.
Great Presentation
Thanks Tommy!
Great video. Thank you for this clear breakdown of the rules.
you are welcome!! Thanks for watching and commenting!! Steve
I just noticed the old default judgement against me that the notary statement only said that my ex-husband appeared before him (not me). I'm surprised the court didn't catch it, but it seems that that could be evidence that I wasn't there to support a "Void on Its Face". I wasn't aware of Part 2 of the process and never received notice of it.
I suggest going over petitions to attach, particularly ex parte.
Thank you, I appreciate that!
How can i defend myself from a no interest money judgement
Thank you so much... It was helpful
Glad you liked!!
Hello. Thanks for informative video. If def has meritorious defense, must they still 1st show good cause for not answering complaint?
What happens on a civil matter by code compliance when a violation was given to me and i had to appear in court on a certain date . When i appeared there was no record of violation even though i have the ticket in hand now theyvecame out and issued me a 2nd violation with a higher fine.
Thanks for your explanation. Very well done
I have a question for you or anyone who wants to answer.
If the Federal Court DENIED the Defendants Motion for Extension of Time to file a Response to Plaintiffs Amended Complaint, can the Defendants file days after the denial, a Motion to Dismiss?
Does the Meritorious Defense apply to setting aside a dismissal as opposed to a default judgment?
Great job
Thanks!!
I see so much information on 60(b) orders, I cant find anything on filing a 60(a). Can you help?
This is among your best white boards, very cogent prep.
That's cool, thank you!!! Steve
@@attorneysteve The Defendants ( civil) sent a notice to remove by email at 7 p.m. on the 21st day last night.
V.R.C.P. provides for 21 days and in my notice of appearance as an S-R P i did not consent to email service.
I filed a motion to strike and notice of default for failure to plead this morning.
Happy holidays and thanks again for all the good work you have created.
May the value you bring to others return to you one thousand fold.
pretty good for civ pro study
Need help with Summary Judgement, you have any templates?
A Steve what is decree judgement and execution of decree judgement..
I have a debt relief agency and still worry because they say a judgement doesnt mean they cant settle,I didn't do anything because they said they would speak on my behalf
I’m going through this now in Louisiana, could you help me?
I did it!! Me.. Omg ..how? I am back in. Monell 1978. Thank you. .. 20 days amend my complaint.. It Nearly killed me. I just got my letter.. 60(1) bad mail services. Thank You
I do not think the Defendant is entitled to service of process for the entry of the default. The defendant is only entitled to at least 7 days notice of a hearing of default judgment entry if and only if the D appeared at any time during the case or did something. 21 days also, not 20
I’m 68. On SS disability and pension . I live in Texas. I owe 50,000 I credit card debt. My lawyer told me I’m protected. They can place a judgement on my home ,but can’t make me sell it in Texas . They can’t take my pension or SS. So I’m not filing bankruptcy. I’ve also had 3 TIA strokes and I have poor memory
Wow! Three days ago I got a call. And it was a machine saying you have a federal judgment and some #' s. How do I know if it's real or a fraud? Thank you! I would greatly appreciate an answer. Thank you
OMG you are amazing, your teaching is so broken down, thank you. I just want to ask, what are the days in between each process. It shows 20 days to respond to complaint. Other then that, boy, this video just gave me such peach of mind. GOD BLESS YOU!!!
Generally speaking the days between can depend on your court, the judge's caseload, agreement of the parties to continue, etc. Thanks for your nice comment!! Steve
What about concerning private right of actions? ? [Ive completed a Administrative process] I just recieved a Notary Affidavit/Certificate of DEFAULT. How do I go about filing For a Default Judgement pursuant Rule 55(A)(1) ??
What can I do if I been waiting for 6mos. for an answer to MAR . Superior Court judge sent a letter of denial .Does the court have a time limit to answer back ? Is it true MAR must be approved if it takes court six months to answer .
what if plaintiff struck by motion to strike an answer to complain of defendand? is it a default or court will give to defendand new term to give a new answer?
Nice; thanks!
What about a no interest money judgement
This is probably what happened to me, all of the sudden my Bank account is been iped out, what can I do.
Good morning, I have 2 questions, which is a court acknowledge serve. The Process and Receipt or the Notice of Acknowledgment? And if the defendant responds to the Entry of default, does the Plaintiff have the right to rebuttal to the defendants Opposition?
Why not show a video on "how to stop people from stoping your default judgement motion and how to stop the 60b ruling"
Thing is, how do the good people win if there is always a loop hole for them not to pay up when they're in the wrong.???
Case # 2:18-cv-2720
Can you make a video of how to get a eviction overturned after the landlord had obtained the judgment with malicious conduct of fraudulent behavior
Thanks
You are welcome!! SV
Do you do family law?
Great video as always. Would a reasonable person believe that a hearing is the same kettle of fish as a trial De Novo. Secondly, the scuttlebutt is your going to be teaching law at the academic level sometime in the future. Can you confirm or deny that sir?
Does this apply in Superior Court? I wasn’t properly served, therefore the plaintiff got a default judgment awarded against me. I filed a motion to vacate judgment, however the commissioner that signed the default judgment told me during our Show Cause hearing today that he didn’t sign the order of default, so he could not alter or change the order of a sitting judge, so if I want to bring a motion to vacate order of default, and thereafter the default judgment I would need to present the motion to the judge that signed the order of default. With that being said he denied my request to vacate without prejudice. How do I present a motion to vacate order of default to the judge that signed the order of default?
I'm on SSDI and didn't have money to get to the court. I don't own a car. It's for a charged off credit card. I don't have any assets.
What if my ex just doesn't give a rip and has no attorney, and doesn't know what to do and don't care..
Lets just say a default judgement is a kick in the nuggets
Hello! At presentment court date for default, does the judge just sign off despite if ex appears again? even though all the things were done off of the list? if all opportunities were exhausted and ex spouse appears will judge hold off on signing for more opportunities to continue? Or time is up and we are divorced officially?
I know ZERO about family law!!
I need a lawyer real bad may you help me
Thank you for this video. I have a question: if a defendant refuses service and his lawyer later admits in writing having seen the complaint and tells the plaintiff why he is going to lose, is this constructive service? His lawyer never filed an Answer to the Complaint and the 20 statutory days passed
Sorry, our rules prohibit us from providing legal advice on line. Check your local rules! Best, Steve
@@attorneysteve thank you. I checked the rules, this is a special case, but simple logic says: if you had a lawyer who knew all about the Complaint, you got served. Service is not a piece of paper, it’s the knowledge that you were sued. You can’t deny you did not know.
Me as a Plaintiff filing the default, Where can I find the form to file it? Or a template to type it up? I filed my own bankruptcy and I need help with filing the default judgement.
You can create your own template sometimes it is better to write it by hand because you do not want to appear as a corporation but a natural person or a title 15 1692 a 3/4 natural person consume a creditor.
Great!
Appreciate, thanks Glenda! SV
Bro, Scenario,
What if i had a trademark which is perfected which is Intellectual Property and its put into an irrevocable trust and the Creator settlor of the trust given the trademark to the trustees of the trust and the creator/settlor settled the trust and the trademark was the creator/settlors full name. Is the creator/settlor free from those words of his name legally? also, if there was misappropriation of intellectual property from State and Municipal Governments USED the IP without paying just compensation, is this action called "takings" has a occurred which infringed on the IP? according to 5th Amendment?
Steve what if it is a matter of law upheld by the supreme court and how can a defendant say to plaintiff this amount is 7.7 million knowing the defendant is Violating 1557 Affordable care Act???
Which is more of a crime then civil
So getting a default judgment is not so simple.
It's not so bad, usually fun since there is nobody opposing you!! SV
what happens if the statue of limitation expires? lets say fraud occurred and someone has a credit card in your name, has a good time a few months and lets it hit your credit. being young and unbothered by credit, you never pull your report, it moved to a judgement cause all the papers and calls goes to the fraud card holder. by the time the credit report is checked the statue of limitation is about to expire... what you you do?
Im Plaintiff, I need know how do the Default motion against defendant.
Thanks for the great video
You got it Victor, thanks!!! Steve
What f defendant was never served the complaint??
Sewer service.
Texas homestead act
Here is some more information on Homestead across the US. texaspolitics.utexas.edu/educational-resources/comparing-homestead-exemption-states
I am your star learner lol
Lyft is the defendant In other words a Lyft vehicle ran the light and totally lost my car I’m in small claims court with property damage level let you know what happen
??? What if a pyramid scheme business is suing and using a private lawyer to collect??
I hope you will maybe put up your white board on display
lol of course......i hope to auction it off one day or just give it to my biggest fan!!
@@attorneysteve I'd like to help you upgrade it to an electronic one that you could integrate into your presentations.
❤
I wanna pay the debt,I just wanna settlement that's all
Sweet
Sweeter than sugar!! LOL. Steve
👍
I no longer trust the goverment of my former fellow americans
yeah right, in Alabama they don't respect none of that.. we wasn't served and asked the courts to set aside the default and asked for our day in court and that day came with the doors locked and the lights out, and we was told that we couldn't reopen that case and that we must file a lawsuit against them.. file the lawsuit against them, and told the attorney that the property was paid for and we was lied to about the property having a new mortgage and was forced to remortgage, and once he saw that I was telling the absolute truth, he declined to take the case because he seen the signatures (that was forced to be signed) on three different documents.. the justice system has nothing to do with justice nor truth, it's just a system to help rob the owner from the land that they a a few simple right into and/or upon..
I said innocent my court date is Jan. 25 ,2018 and the judge just issue the default on Jan. 3 ,2018 . how is this legal also she committed fraud , acting under color of law . I got her to say the state is attacking me the living man .
$2400 WASNT WORTH THIS
legal citation and rules- that points of authorities - funny.. table of content never meant more to me like finding the answer off the white board
Can you help please
Steve let's run away together , your so dam CUTE I could listen to you talk about manure all day , love ta !!!