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Statutes

"The Clerk of Court shall enter a default when a party against whom judgment by default is sought has failed to plead or otherwise defend the lawsuit. The party entitled to judgment by default must apply to the court for such judgment. If the party against whom judgment is sought has appeared in the action, he is entitled to be served with written notice of the application for judgment three days prior to the hearing; however, if a trial date has been set, the clerk may enter judgment by default on that day without three days notice. A court may conduct a hearing to enable it to enter judgment if necessary, with or without a jury. For good cause shown, the court may set aside an entry of default and, if a judgment by default has been entered, may likewise set it aside. Miss. R. Civ. P. 55.

Application for default judgment requires the filing of an affidavit verifying that (1) the defendant was served with a copy of the complaint more than 30 days ago and (2) explaining that the lessee has failed to answer or otherwise defend. Miss. R. Civ. P. Form 36."

Cases

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