Motion for Judgment by Default

Case law indicates that most requests to vacate a default judgment are granted, even if they lack merit.

If the defendant fails to file a motion to vacate the judgment within 30 days of service, enforcement proceedings may commence.

The defendant begins the 60 or 30-day period for filing a statement of defense from the date of receipt of the writ of summons. This provision is found in each statutory section referenced in the previous question.

Generally, there is no closed list of particulars required in an application for a default judgment.

If a defendant fails to file a statement of defense by the statutory deadline, an application for a default judgment may be filed.

However, experience and logic suggest certain information should be included. Further details are available in the articles on this page.