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I received a judgment after filing an answer, then i missed my court date, the judge did not strike my answer, and they ruled in favor for the plaintiff, i was not there to present my case but the plaintiff was and he presented evidence and then they ruled it not a default judgment. The question is would my case be a judgment on the merits or not.
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Estate Litigation Attorney serving Redlands, CA
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Your facts are confusing and I'm not sure if I have them correct. When the defendant fails to answer and a default judgment is entered, all of the facts in the complaint are deemed to be admitted by the defendant. So yes, that is a judgment on the merits because all of the facts in the case are deemed to be true and satisfy the elements of the causes of action. You've got a short window to file a motion to set aside the default. Contact an attorney to represent you.
Answered on Sep 07th, 2015 at 10:13 PM