Jr., unserved, is warned to appear and answer to the Complaint In Unlawful Detainer of the Plaintiff in this court within thirty (30) days from the date of this publication of this Warning Order or face entry of judgment by default
or be otherwise barred from asserting his or her or its interest.
It ordered the defendants to be summoned to appear before the Court, and that upon their failure, 'they are to be brought to this Honorable Court to show cause, if any, why they should not be committed to the Common Jail or judgment by default
will be rendered against ...
District Court for the Middle District of North Carolina entered an Order of Final Judgment by Default
against Defendants Tracy Lee Thomas, formerly of Naples, Florida, and Marbury Advisors Inc., a Cayman Islands corporation.
Asking the PM to respond within the stipulated time, the summons states that if he fails to do so then " judgment by default
will be entered against you ( Modi) for the relief demanded in the complaint."
Nevertheless, Justice Eady granted Mahfouz a judgment by default
, awarding him hundreds of thousands of dollars in damages and legal fees.
Nevertheless, before a judgment by default
can be granted, the Court must be provided with sufficient facts to establish that the plaintiff possesses legally viable causes of action.
3215 (McKinney 2005) [hereinafter Siegel, Practice Commentaries] ("New York follows the rule that a judgment by default
is entitled to the same res judicata (claim preclusion) effect as a judgment after a disputed trial.
A landlord may win a judgment by default
if the tenant fails to appear in court.
Section 1608(e), provides that "[n]o judgment by default
shall be entered ...
The families could still win judgment by default
, threatening the personal assets of the suspects.
Although one might be tempted to argue that the immediate adjudication of cases points to the high incidence of defaulting (since a judge could, and often did, issue a judgment by default
after requiring the plaintiff's oath to the veracity of his or her claim), the records do not support this assertion.