Legal Default JOD

LEGAL DEFAULT JOD

This Judgment of Default and Consent (the "Judgment") is entered on this day by and between Plaintiff Name: and Defendant Name: , in the action identified as Case Number: , pending in Court: . The parties hereby set forth the findings, judgment, and enforcement provisions below.

RECITALS

WHEREAS, Plaintiff commenced the above-captioned action alleging causes of action against Defendant arising from the facts recited in Plaintiff's pleadings and to which Defendant was properly served; and

WHEREAS, Defendant failed to timely respond or otherwise defend the action, and an entry of default has been entered by the clerk pursuant to applicable civil procedure for failure to plead, answer, or appear; and

WHEREAS, the parties have conferred and Defendant has consented to the entry of judgment in the amounts and on the terms set forth in this Judgment, and Plaintiff requests entry of a final judgment against Defendant.

NOW, THEREFORE, in consideration of the mutual covenants and representations contained herein and for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereto agree and the Court finds as follows:

1. FINDINGS

The Court has personal and subject matter jurisdiction over the parties and the controversy. Service of process upon Defendant was proper and effective. Defendant is in default for failure to answer or otherwise defend. All procedural prerequisites to the entry of this Judgment have been satisfied.

2. ENTRY OF JUDGMENT

Judgment is hereby entered in favor of Plaintiff and against Defendant in the principal amount of $ for the causes of action asserted in the Complaint. In addition to the principal amount, Defendant shall pay pre-judgment and post-judgment interest at a rate of per annum, computed as provided by law.

3. ATTORNEYS' FEES AND COSTS

Plaintiff is awarded reasonable attorneys' fees in the amount of $ and costs of suit in the amount of $, which amounts are included in the total judgment.

4. RELIEF AND ENFORCEMENT

Plaintiff shall be entitled to pursue all remedies provided by law to collect the sums awarded herein, including issuance of writs of execution, garnishment, seizure of assets, and recording this Judgment as a lien against real property of Defendant. Execution may issue immediately and shall not be stayed unless expressly ordered by the Court.

5. SETOFFS, PAYMENTS, AND SCHEDULE

The total judgment due under this Judgment is $. Any payments made by Defendant shall be applied first to costs and fees, then to accrued interest, and thereafter to principal. If the parties agree to a payment schedule, specify terms below:

6. POST-JUDGMENT INTEREST

Post-judgment interest shall accrue on the unpaid balance at the rate set forth in Section 2 from the date of entry of this Judgment until paid in full, unless modified by statute or subsequent Court order.

7. NOTICE

Any notice required or permitted under this Judgment shall be in writing and shall be delivered personally or sent by certified mail, return receipt requested, to the addresses provided below or to such other address as a party may designate by written notice.

8. AMENDMENTS AND WAIVER

This Judgment may be amended or modified only by a writing signed by both parties and approved by the Court. A waiver by either party of any breach of any provision of this Judgment shall not operate or be construed as a waiver of any subsequent breach.

9. GOVERNING LAW

This Judgment shall be governed by and construed in accordance with the laws of the State specified for the underlying action. The parties submit to the jurisdiction of the Court that entered this Judgment for enforcement and related proceedings.

10. ENTIRE AGREEMENT

This Judgment constitutes the entire agreement and understanding of the parties with respect to the subject matter hereof and supersedes all prior negotiations, agreements, and understandings between the parties, whether written or oral, with respect to the specific matters addressed herein.

11. SEVERABILITY

If any provision of this Judgment is determined to be invalid, illegal, or unenforceable in any respect, the validity, legality, and enforceability of the remaining provisions shall not be affected or impaired thereby.

12. COUNTERPARTS

This Judgment may be executed in counterparts, each of which shall be deemed an original and all of which together shall constitute one instrument. Facsimile or electronically transmitted signatures shall be treated as original signatures for all purposes.

13. ADDITIONAL PROVISIONS

The parties acknowledge that they have read this Judgment, understand its terms, and agree to be bound thereby. Each party represents and warrants that the person signing below is authorized to enter into this Judgment on behalf of the party he or she represents.

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