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In a quiet title action defendant failed to respond to summon do plaintiff make request for default or is it done be the court after a period of time Default has been over 15 days?
Wiki User
∙ 13y ago
In what state/locality was the quiet title filed?
Wiki User
∙ 13y ago
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What is Request of entry of default?
When a person (the plaintiff) sues someone (the defendant), the defendant gets a certain amount of time to respond to the lawsuit (times vary by state). If the defendant does not respond to the lawsuit within the time period prescribed or does not show up to court on the day he or she is supposed to, the plaintiff will ask for (and the court will usually give) a default judgment. Simply put, the plaintiff wins because the defendant did not make an effort to defend themselves. A request for entry of default is when the time has passed for the defendant to respond to a lawsuit and the plaintiff is asking for a default judgment. This only applies to civil cases, not criminal cases.
What does it mean when my divorce status says red- request for default filed?
A Request for Entry of Default is filed by the plaintiff when the defendant did not show up for the hearing and the plaintiff wants the court to enter an Entry of Default. The Entry of Default must be filed before a Default Judgment can be issued whereby the plaintiff will prevail in the lawsuit.If your case is not ready for a default hearing, you will receive a red notice with instructions on what to do next in your case to get a default hearing set, or if you cannot go by default. You should contact the court if you have questions.
What does motion and request for default mean?
A plaintiff starts a lawsuit by filing a complaint and serving the complaint and summons on the defendant (or defendants). If the defendant does not answer the complaint or otherwise respond to the suit, the plaintiff make request a "default judgment." This means, more or less, "the defendant has not responded and the court should therefore grant what I sought in the complaint." Usually, a default judgment will be restricted to the relief sought in the complaint and will be restricted to amounts that are reasonably calculable. For example, say somebody hit you with their car, and you sued for $100,000 in medical bill. If the defendant ignores the lawsuit, the plaintiff will request a default judgment, and the court will likely grant them a $100,000 judgment. The plaintiff will then take the judgment to (most often) the county sheriff's department, which will then seize a defendants property to be sold to pay the judgment; or plaintiff can seek other remedies, like garnishment of wages. Lesson: don't ignore lawsuits. That's how you lose for sure.
How do you respond to a request of entry of default?
Do I need to fill out any type of document in order to answer an entry for default? (I'm the defendant)
What do you do if you are defendant in a request for entry of default?
Show up at court on the date of the request for default. ADDED: A "default" judgment is one in which you have failed (after proper legal notification) to be present in court to defend yourself against the claim.
What is the defendants recourse if the defendant receives a request for entry of default but does not have an appearance date?
Usually, you can contact the court and request that the court set an appearance date be set. The plaintiff's notice of the request for entry of the default might not have an appearance date, but it will state that you have a certain number of days to either file a written opposition with reasons, to the entry of a default or the right to request an appearance date to be fixed by the court. Some courts, specifically small claims courts, allow such abbreviated methods of entering defaults, but there are built in safeguards against an improper entry of a default. Many times a court permits this request without an appearance date because after all the defendant did not even bother to answer the summons and complaint, therefore, it is not unreasonable to at least request entry of a default without an appearance date as long as the defendant is told of the request and given an opportunity to object.I did respond to the original summons and complaint with proof of service, acknowledged by the court, and now I have this Request for Entry of Default, no court date or anything about my response and defense to this bank's claims. I need to know what form to use to respond or ask for dismissal based on my previous long response. Thanks.Carl
What happens when a court case goes into default?
In many states, a default occurs when the defendant does not file an Answer to the complaint on time. If this happens the plaintiff can request that the court enter this default on the record so the case can proceed without the defendant's participation. Usually, court rules require this request to be in the form of a motion in writing with a copy sent to the defendant's address to put him/her on notice that the case is proceeding. Then, depending on the type of case, the court moves into the "proof" phase, where plaintiff submits proof of the claim in order to get the judgment demanded. The court will not enter the judgment demanded just because defendant did not object to it. In cases of debts, most courts accept a simple sworn affidavit attesting to the amount owed. If the court is satisfied, judgment will be entered. If it is the kind of case where proof is not so easily done, as in divorce cases, a proof hearing is set up and plaintiff appears and gives proofs from the witness stand. Again, judgment will not be entered unless proper proofs are on the record. Most states allow a defendant to make a request that the default be set aside and allow defendant to file an answer. This is usually granted to give defendant his day in court if there were some reasonable excuse for the delay. Courts even allow defendants to make requests to re-open the case if a default judgment has been entered, but this is usually done only when there is some reasonable excuse together with a meritorious defense. Each state and federal court has its own rules governing this whole process so you must check those to find out exactly what your state does.
How do you install default mail client on this computer?
I am using windows 7 version and I am getting the error "cannot complete request because default client email is not properly installed" when I click on my email link? How do I install "Default Client Email" using Dreamweaver on my PC in Windows?
What if the plantiff in a divorce cannot appear in court?
The plaintiff or their attorney can request for a rescheduling of the hearing.The plaintiff or their attorney can request for a rescheduling of the hearing.The plaintiff or their attorney can request for a rescheduling of the hearing.The plaintiff or their attorney can request for a rescheduling of the hearing.
What is another name for the default gateway?
A "Default Gateway" refers to the Router to which your Local Area Network is connected to. This Router provides the link to the outside world (Internet or Wide Area Network). If this is a home PC situation then the Broadband Router is the Default Gateway.When your PC requests a network resource (webpage or server share) that is not on the local subnet the request is automatically forwarded to the Default Gateway which in turn forwards the request to the far end (Node) of that link. You can have many Gateways on your LAN, each providing a Route to a particular extenal network. All networks must have one of these Gateways as default so all other requests can be sent to it by "Default" this is where the term comes from.
A sentence with ridicule?
The defendant's reason for damaging the plaintiff's car was so ridiculous that the judge granted the plaintiff's request for damages.
What does it mean to set aside a default judgement?
A default judgement is a judgement (guilty, innocent, acquitted) that was made by a judge in lieu of a full trial. Generally this involves minor traffic violations in which the defendant doesn't show. A motion to set aside a default judgement is a request by the defendant or the prosecution to move to a full trial and force both sides to present the case.
