You're looking at the evidence. Remember, that's not what a motion to dismiss for failure to state a claim is. If I say "I loaned Peter $40,000, he agreed to repay me, and he didn't," on a Motion to Dismiss, the judge has
to assume that's correct. He's only looking at whether a cause of action exists when a person agrees to pay back a loan
and fails to do so. He doesn't get to consider any other evidence. If the argument is "That check was made out to someone else," that's usually a basis for summary judgment
, because it requires that the judge look at the check, which is evidence.
A Motion for Summary Judgment cannot be filed after the judgment is entered, and neither can a Motion to Dismiss. The arguments you're making is that the judge applied the law incorrectly, and that's a basis for appealing to another court.
A default judgment is entered when a person never responds. You can argue that the judge ignored your evidence, that he was unfair, or that he didn't apply the law correctly, but not that he issued a default judgment in error. But, again, those are appellate