What is required to satisfy and have withdrawn a default judgment?

Get Legal Help Today

secured lock Secured with SHA-256 Encryption

What is required to satisfy and have withdrawn a default judgment?

Can a stipulation be filed where both parties agree to a resolution and have the judgment withdrawn?

Asked on February 27, 2012 under Family Law, Colorado

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Yes, the parties can stipulate to have the default judgment withdrawn.

Another alternative would be for the party against whom the default was entered to file a motion to set aside the default.  If the court grants the motion to set aside the default, the case is then back on track and litigation will continue.

It would be easier for both parties to stipulate that the default judgment is withdrawn because if one party files a motion to set aside the default, the court may or may not grant the motion.  If the motion to set aside the default is denied, the default judgment remains and the party against whom the default was entered has then lost the case.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption