Sometimes an individual can miss court and the result can be a default
entered against that individual. A default is not the preferred way for
any court to handle a matter. However, at times when an individual is
not present in court that is the only relief that the court may have.
A default essentially means that an inquest, or short hearing, has taken
place where only one person, generally the Petitioner or Plaintiff, testifies
before the Court. Thereafter, the relief that this party is seeking is
granted as it is unopposed.
If a default is entered against an individual a motion can be filed to
have the default overturned, or vacated to use the proper legal term.
This motion (or request to the court) must be made within 1 year from
the date that the default was entered. In addition, the default must be
excusable with a legitimate reason that court was missed. Finally, the
court will balance relevant factors related to the default including but
not limited to the merit or lack of merit of the action.
This is a complex motion that one should always speak to an attorney about
so that it can be brought before the Court in the proper way.