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LegalKnowledge
LegalKnowledge, Attorney
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What should one do when served a "Show Cause why default judgment

Resolved Question:

What should one do when served a "Show Cause why default judgment pursuant to Court
of Chancery Rule 55, should not be entered against him in this case"? A hearing is is
scheduled in the Court of Chancery, August 9, 2013.
Submitted: 1 year ago.
Category: Legal
Expert:  LegalKnowledge replied 1 year ago.
Hi! I will be the professional that will be helping you today. I look forward to providing you with information to help solve your problem.


Good morning. Was the defendant ever served with a summons and complaint? If so, did they file an answer or raise any defenses?
Customer: replied 1 year ago.

Yes. Summons served August 2012, "Petition to Compel Accounting by


Executor of Estate". A response was submitted to Plaintiffs Attorney within 10 days. That response consisted of copies of all monetary assets secured from bank accounts, Estate Account opened with total assets, all deposits and debits (monthly bank statements), receipts substantiating deposits and debits. From beginning to end, the Estate Account balanced monthly.

Expert:  LegalKnowledge replied 1 year ago.
Andrew, thank you for the additional information. I have provided Rule 55 below for your review. Subsection (b) states the grounds for which a default judgment can be entered and it would appear that your response may have not been properly filed with the court or in the alternative, nothing was stated within, to prevent judgment from being entered in favor of the plaintiff. As such, there was not necessarily a dispute. Typically, a default judgment is entered when a party fails to respond. However, it appears in this case, you are being asked to appear to explain to the court why a judgment should not be entered against you. Not only do you want to appear on the 9th but you should also file a written response, explaining the situation and addressing any defenses which you may have, preventing the judgment from being entered. You want to file this with the court and sent a copy to all parties as well.

Rule 55. Default judgments.
(a) Omitted.
(b) Judgment. -- When a party against whom a judgment for affirmative relief is sought, has failed to appear, plead or otherwise defend as provided by these Rules, and that fact is made to appear, judgment by default may be entered as follows: The party entitled to a judgment by default shall apply to the Court therefor; but no judgment by default shall be entered against an infant or incompetent person unless represented in the action by a guardian, trustee or other representative. If the party against whom judgment by default is sought has appeared in the action, the party (or, if appearing by representative, the party's representative) shall be served with written notice of the application for judgment at least 3 days prior to the hearing on such application. If such party has not appeared written notice shall be served if the Court so directs. If, in order to enable the Court to enter judgment or to carry it into effect, it is necessary to take an account or to determine the amount of damages or to establish the truth of any averment by evidence or to make an investigation of any other matter, the Court may conduct such hearings or order such references as it deems necessary and proper.
(c) Setting aside default judgment. -- The Court may set aside a judgment by default in accordance with Rule 60(b).
(d) Plaintiffs, counterclaimants and cross-claimants. -- The provisions of this Rule apply whether the party entitled to the judgment by default is a plaintiff, a third-party plaintiff, or a
party who has pleaded a cross-claim or counterclaim. In all cases a judgment by default is subject to the limitations of Rule 54(c).
LegalKnowledge, Attorney
Category: Legal
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Experience: 8+ years handling Legal, Real Estate, Criminal Law, Family Law, Traffic matters.
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Customer: replied 1 year ago.

Thanks for your quick response. Information was very helpful.

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