QUESTION
How long before a default-hearing do I have to respond?
Asked on Sep 06th, 2012 on Divorce - Florida
More details to this question:
I missed my window to respond to the divorce papers mailed to me. Now, there is a default hearing in a few days that I just got papers sent by my mom from old address. There is a dispute on a property that the co-owner refuses to sign off. I was told not to sign any papers although now I know nothing could happen unless my brother signs. Will I still be allowed to present my evidence at this hearing or do I need to file any special motion to do that?
16 ANSWERS
The entry of a default against you precludes you from being heard. before that hearing you need to file a motion to set aside the default. Good luck
Answered on Jun 28th, 2013 at 12:15 AM
Probate Law Attorney serving Colorado Springs, CO
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John E. Kirchner
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The reason for a "default hearing" is your failure to respond.
Answered on Jun 28th, 2013 at 12:05 AM
Criminal Law Attorney serving Fremont, CA
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Steven J. Alpers, A Professional Corporation
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You will have to file a motion to set aside the default.? The sooner the better.
Answered on Sep 14th, 2012 at 3:44 PM
You need to file a motion to set aside the default so that you can participate in the case. You should consult a family law attorney or facilitator to assist you in preparing the paperwork.
Answered on Sep 14th, 2012 at 3:43 PM
Dispute Resolution Attorney serving Seattle, WA
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Law Offices of Helene Ellenbogen P.S.
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If there is time, submit a response to the default showing why you didn't respond and that you received the default late. Also show up in court and ask for a continuance to give you the opportunity to respond to the petition, etc. Make sure the court and the other party have your current address.
Answered on Sep 14th, 2012 at 3:42 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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Get an attorney, prepare an answer and file it ASAP. Most certainly appear at the hearing with the explanation as to why you did not respond and get the address changed.to the correct on. You question implies that you were not properly served.
Answered on Sep 14th, 2012 at 3:41 PM
Alternative Dispute Resolution Attorney serving Coral Gables, FL
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Robert J. Merlin, P.A.
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If the other side has scheduled a hearing on a Motion for Default, all you have to do is to file an answer before that hearing. Then call the other attorney to confirm that he/she has cancelled the hearing.
Answered on Sep 14th, 2012 at 3:39 PM
Dennis P. Mikko
You wil need to file a motion ot set aside the default. Once a default is entered you are not allowed to proceed until the default is lifted.
Answered on Sep 14th, 2012 at 3:38 PM
Gary Moore
Go to court and tell the judge you want to be heard in the case and would like time to file an answer.
Answered on Sep 14th, 2012 at 12:40 PM
2 Awards
Get a lawyer ASAP, and you can probably have the default set aside.
Answered on Sep 14th, 2012 at 12:38 PM
Alternative Dispute Resolution Attorney serving Ventura, CA
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Zahn Law Office
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Generally, the side which defaults is not permitted to present their case at a hearing. You should seek a set aside of the default in order to allow you to file a response. If you are in my area and are looking for an attorney, please contact me for a free consultation.
Answered on Sep 14th, 2012 at 11:53 AM
Insurance Defense Attorney serving Jackson, MI
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Dungan, Lady & Dunga, PLLC
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In Michigan, you need to file a motion to set aside the default and an answer to the complaint for divorce.
Answered on Sep 14th, 2012 at 11:49 AM
Mediation Attorney serving Bloomfield, NJ
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Cassandra T. Savoy, PC
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You need a lawyer. Your issues are too complex for the internet.
Answered on Sep 14th, 2012 at 11:49 AM
Leonard A. Kaanta
The hearing is set aside the default.
Answered on Sep 14th, 2012 at 11:45 AM
If you attend the default the hearing with your papers and explain what happened, to the Judge, you will probably be allowed to file your papers and the default will be denied. Understand, it is entirely up to the discretion of the Judge.
Answered on Sep 14th, 2012 at 11:11 AM
Criminal Defense Attorney serving Deltona, FL
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R. Jason de Groot, P.A.
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You need to file an answer to the complaint to avoid a default being entered against you. Defaults in family cases are relatively worthless and can be set aside, in my opinion. Get an attorney quickly.
Answered on Sep 14th, 2012 at 11:10 AM