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Dutch to English translations [PRO]
Law/Patents - Law (general) | | Dutch term or phrase: eiseres op verzet | Might this be "claimant entering judgment"?
Here's what Wikipedia says about setting aside a default judgment:
Setting aside default judgment
There are three grounds for cancelling 'setting aside' the Default judgment.
The documents were not served correctly. The Defendant has to show that the documents were not served, which obviously would explain why the Claimant had ability to enter judgment. This has to be done by way of an 'Application on Notice' (motion). Evidence has to be shown to the procedural judge. This used to called setting aside an 'irregular judgment'
There is some good reason why judgment in default should be set aside. This covers any situation but is commonly used when service was effected properly, but still did not come to the attention of the Defendant (perhaps they were on a long vacation, or in hospital). Many jurisdictions also require the defendant to proffer a meritorious defense before vacating the default judgment.
The Claimant entered judgment when they were not entitled so to do. For example, perhaps a Defence was filed in time, but the Claimant still attempts to enter judgment. The court staff usually check for things like this, but occasionally things slip through the net. It used to be the obligation of the Claimant to apply to set aside their own judgment in these circumstances, but this obligation has recently (in 2005) been dropped.
In the last circumstance of the above, the Defendant can get the judgment cancelled as of right. Otherwise, the Defendant needs to show what their Defence will be, and if the court thinks that the defendant is effectively 'stalling for time' they will not get the judgment set aside. |
|  caspersareKudoZ activityQuestions: 19 ( 1 open) ( 2 without valid answers) Answers: 4
Netherlands
| Local time: 11:49
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| | defendant/counterclaimant (in an action to set aside a default judgment) | Explanation:
De Katholieke Universiteit Leuven noemt de “eiseres op verzet” «defendant».
Het is de “defendant” in de hoedanigheid van “counterclaimant (in an action to set aside a default judgment)”.
De precisering kan van groot belang zijn omdat verschillende categorieën defendants (resp. counterclaimant) verschillende rechtsmiddelen hebben.
N.B.: eiseres op verzet = eiseres in verzet (tweede link) |
| Selected response from:
Sander Wiener
Thailand
Local time: 17:49
| Grading comment | 4 KudoZ points were awarded for this answer |
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| Changes made by editors |
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| Dec 6, 2007 - Changes made by Sander Wiener: | | Created KOG entry | KudoZ term => KOG term |
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