More details to this question:
I'm more overwhelmed now than 2 months ago. I filed for divorce and the defendant hasn't answered. I had been wishing that he doesn't answer and he didn't but I missed my time to enter default judgement. I missed it. I thought it was 30 days to wait, it was only 20 and I served them. They received the complaint August 15th of this year and I just forgot to enter default judgement. Now what?
7 ANSWERS
If he has not replied then you can still file a request to enter default and then ask for a default judgment. You should consult a family law attorney or facilitator to review your documents and advise you how best to proceed.
Answered on Oct 17th, 2013 at 4:34 PM
If the other side has not filed an answer, Prepare and file a Request to Enter Default with the court. be sure to serve the other side with a copy of the default request.
Answered on Oct 16th, 2013 at 7:16 PM
Social Security Disability Attorney serving Melbourne, FL
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Law Office of Robert E. McCall
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You sound very confused as to procedure to follow. Once you file you can have the suit papers served immediately. From the service date the Respondent has 26 days to Answer by filing papers with the court; if nothing was filed after 26 days then you request the Clerk of Court to enter a Default.
Answered on Oct 16th, 2013 at 12:59 PM
Litigation Attorney serving San Antonio, TX
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Graves Law Firm
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If your spouse was served or waived service and still hasn't filed a responsive pleading, he or she is still in default. You don't have to take your default judgment on the day the answer is due. Based on the few facts you've stated, I see no reason why you can't go in and take your default judgment today. Good luck.
Answered on Oct 16th, 2013 at 10:09 AM
Divorce Attorney serving Frisco, TX
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Mackoy, Hernandez, Jones and Woods LLP
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Check with the District Clerk (it may be on line) to be sure the case is still pending. If so and if you properly served the other party, you can enter a default judgment. I suggest you hire a lawyer.
Answered on Oct 16th, 2013 at 9:53 AM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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Now you just file you motion for entry of default and then a motion for default judgment. It does not have to be filed exactly on 20 days. As a matter of fact, a few days grace makes you look even better.
Answered on Oct 16th, 2013 at 9:43 AM
Divorce & Family Law Attorney serving Salt Lake City, UT
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Utah Family Law LC
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You can still file for default judgment because the defendant has still not filed his answer. Just because you did not file for default on day 21 does not mean you cannot file for default now. Indeed, filing after 30 days have passed will only bolster your argument for default judgment because the court will see that even after more than 20 days having passed your spouse has still failed to file an answer. Spend a few dollars to talk to good a lawyer to do this right. You'll be very glad you did.
Answered on Oct 16th, 2013 at 9:30 AM