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What is the defendants recourse if the defendant receives a request for entry of default but does not have an appearance date?
Wiki User
∙ 14y ago
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
Wiki User
∙ 14y ago
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