Can a Default Judgment Be Granted if an Attorney Failed to File an Answer?
Full Question:
Answer:
Yes, i is possible. The burden would be on Party 2 to file a motion to vacate the default judgment. A "default judgment" may be rendered against a party if it is the result of a party's failure to take a necessary step in the action within the proper time; this generally means a failure to plead or otherwise defend within the time allowed. Typically, a response of some type is entered to avoid a default judgment. Since, under rules of procedure, allegations not specifically denied are deemed admitted, failure to file a responsive pleading will generally result in the entry of a default judgment against the defendant. When a complaint is filed and the defendant fails to file an answer within the applicable time period, a default judgment may be entered against the defendant.
It is possible to file a motion to vacate a default judgment. You must have a good reason for not being able to attend the hearing, such as not being properly served or being ill. If there was attorney neglect or malpractice, that may be cause for vacating the default judgment. A supporting affidavit may be attached to the motion. Bring whatever evidence you can to the hearing to show why you were unable to come to court the first time. An example of what to bring might be a letter from a doctor or a hospital bill, or a credible document stating your residence at the time the lawsuit was filed.
