anaconda
Member
- Joined
- Nov 25, 2007
- Messages
- 19,403
here's what I found on the net about it:
http://tabberone.com/Trademarks/FederalCourt/filing/Default.shtml
If your opponent does not bother to answer the complaint you get to file for a default judgment. This doesn't happen very often so don't waste your time hoping. It's great if the other side never intends to fight it but it has its drawback. The default gives you pretty much what you have requested but it can be a weak victory.
Your opponent has 30 days after the default judgment is entered into the record. The judge's order to enter a default is not a default. The clerk must enter it into the record. Courts basically hate default judgments. If your opponent files a motion to set aside the default within 30 days it is very likely the court will set it aside. The courts use three crtiteria in determining if a default judgment should be set aside:
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so it won't be as big as I first thought, but it would still be huge. could just be a continuation of the delaying tactic, buying more time for them to forge a long-form certificate
lynn
I still don't get it. Don't you have to show up to court? Don't they issue bench warrants for people that do not show up to court? Under this scenario, one could default for their entire lives and never be held accountable. If this tactic works, why didn't the tobacco companies use it? Etc.