If a defendant doesn't answer a summons and compliant what next?

Answer 1

Usually the plaintiff moves to enter a default judgment on the complaint. In general, plaintiff will have to prove to the court that proper service of the papers was made on the defendant. In many cases plaintiff may also have to obtain letters from the various armed services branches to prove that the defendant is not away in the military. (This is not as difficult to do as it may sound.) If the court is satisfied that defendant has been properly served and was able to file answering papers but did not, it will let plaintiff prove his/her case either by affidavit or certification or by a proof hearing in court. A complaint is usually not a sworn statement by plaintiff, therefore any allegations in it have not yet been proved under oath. If the complaint is for a debt say on a credit card account, and the defendant defaults in answering the complaint, the credit card company usually has someone prepare an affidavit as to the amount of the debt. This sworn statement is now in evidential form and may be accepted by the court for entry of judgment. Courts will not simply enter a judgment for everything demanded in the complaint unless there is some sworn proofs to back it up. The procedure for this will vary from state to state. The state's laws and court rules must be consulted to find out the exact procedure.