QUESTION
What happens after I enter a Request to Enter Default?
Asked on Sep 14th, 2012 on Divorce - California
More details to this question:
California September 2012: I recently received the originals back through mail.
7 ANSWERS
Michael Paul Vollandt
You should get assistance through a resource center at the Court House. Most of the Courts have this service to held you move the forms through the system.
Answered on Sep 19th, 2012 at 8:25 PM
Criminal Law Attorney serving Fremont, CA
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Steven J. Alpers, A Professional Corporation
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You have not filed properly if the originals were returned so you probably need to refile. If you do there should be a letter explaining the issue. If you got copies back which say the default was entered you have to present more documents to get the judgment.
Answered on Sep 18th, 2012 at 11:44 PM
Family Law Attorney serving Newbury Park, CA
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Tristan Tegroen, Attorneys at Law
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Entering the default eliminates the Respondent from filing a Response with out leave of court or your agreement to set aside the default. However, this does not means the case ends. You will have to write a Judgment and either prove it up at a default hearing, or submit the Judgment through the clerks' office with a Declaration.
Answered on Sep 14th, 2012 at 4:04 PM
If you received the originals back, the default has not been entered. Try again. If you mean you received conformed and filed copies of the request to enter default from the court, then contact the court with a request to set the matter for a default prove up hearing to get your divorce and property division completed.
Answered on Sep 14th, 2012 at 4:04 PM
Kimberly Renae Burke
Once a default is entered, it prevents the other party from filing a Response. The other party may file a motion to set aside the default, but that would have to be heard before they were permitted to respond to the case or contest the orders you have requested. If the default is entered, you will need to proceed with submitting all the required forms for obtaining a default judgment that allows the Judge to make orders based on what you requested.
Answered on Sep 14th, 2012 at 4:03 PM
Family Law Attorney serving Temecula, CA
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Landon Rainwater Robinson LLP
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Go to the family law facilitators department at the courthouse and they can give you the forms and instruction on how to proceed.
Answered on Sep 14th, 2012 at 4:03 PM
If your default was accepted by the court and entered, you should now get your judgment documents prepared. You should consult a family law attorney or facilitator to assist you.
Answered on Sep 14th, 2012 at 4:01 PM