Consequences of Entry of Default
February 9, 2010
Once the court enters default against a party, they are prohibited from making arguments or advancing their side of the story. The only way they can circumvent this is to file a motion to set aside the default.
They will have to request the court for a motion hearing date, pay their $40 filing fee, serve notice of their motion to the other side, and then at the hearing argue why they should be afford to fight their case and to set aside the default.
Another option would be to get the other side to agree (stipulate) to set aside the default.
Otherwise, they lost their right to fight in the case. Those the consequences of failing to file your answer in time and getting a default entered against you.
