If you require future medical expenses, then your damages are uncertain and the court may hold a hearing to determine your damages and enter the default judgment against the defendant. If you have been injured in an accident, you need a personal injury attorney on your side. The experienced and knowledgeable personal injury attorneys at Parke Gordon Law Firm offer a free consultation to discuss your personal injury case.
Call to speak with one of our attorneys today at When a party against whom a judgment for affirmative relief is sought has failed to appear, plead, or otherwise defend as provided by these rules and that fact is made to appear by motion and affidavit, a motion for default may be made.
Any party may respond to any pleading or otherwise defend at any time before a motion for default and supporting affidavit is filed, whether the party previously has appeared or not. If the party has appeared before the motion is filed, the party may respond to the pleading or otherwise defend at any time before the hearing on the motion.
If the party has not appeared before the motion is filed the party may not respond to the pleading nor otherwise defend without leave of court. Any appearances for any purpose in the action shall be for all purposes under this rule Any party who has appeared in the action for any purpose shall be served with a written notice of motion for default and the supporting affidavit at least 5 days before the hearing on the motion.
Any party who has not appeared before the motion for default and supporting affidavit are filed is not entitled to a notice of the motion, except as provided in rule 55 f 2 A. A motion for default shall include a statement of the basis for venue in the action.
Griggs v. Averbeck Realty, Inc. Brown, 99 Wn. All parties are burdened by formal time limits and procedures. Nightrunners Transport, Ltd. Ultimately, the decision on a motion to vacate an order of default or a default judgment is within the sound discretion of the trial court.
Estate of Stevens , 94 Wn. When a non-moving party has appeared or answered before consideration of the Motion for Order of Default, the moving party shall notify the hearing judge or commissioner.
If the Court determines that testimony is required, the moving party shall schedule the matter to be heard in person in the Ex Parte and Probate Department. If there is no assigned judge, the moving party shall file a motion before the Respective Chief Judge for assignment of the case to a judge. Unfortunately, that does not mean the defendant will automatically pay or that the court will get the money for you.
There are different sets of rules regarding actually collecting the money owed from the defendant. If you have other questions about the litigation process, I invite you to give us a call at
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