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What does state's motion to revoke bond mean?
It means that the state believes that the defendant has violated the conditions of the bond or there is some reason that the state believes that the defendant should be confined while waiting for trial.
Can a non Defendant or attorney not representing the Defendant answer a complaint?
Generally, a non-defendant or attorney not representing the defendant cannot answer a complaint on behalf of the defendant in a legal proceeding. Only parties to the case or their authorized legal representatives can formally respond to a complaint.
If Thursday morning sheriff posted a notice to vacate the next Wednesday but we were never served a summons nor mailed a copy of the summons what are our rights?
It means that the landlord filed paperwork with the court that swears you were served with notice of the dispossess proceeding. You now need to get to Court and obtain a stay of eviction until your motion to vacate the default can be heard. Your primary defense is that you were not served. If this is doe to non-payment of rent, you may need to offer an excuse for not paying rent, or prove you have paid the rent. But your main task now is to obtain, in most places, an Order to Show Cause to vacate the default in answering, and get the case back on the calendar. If you ignore the notice, then expect the Sheriff to show up with a bonded mover to put you in the street.
Three ways a defendant can obtain relief from the verdict of gulity?
A defendant can seek relief from a guilty verdict by filing an appeal, presenting new evidence of innocence, or filing a motion for post-conviction relief alleging constitutional violations or ineffective assistance of counsel.
Are you in default because you answered the law suit two days late?
Yes, you have probably been found in default. If you wish to contest whatever it is, you will need to file a motion with the Clerk of Court to re-open the matter, and then hope your motion is granted.
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.
Will municipaliities send second summons to appear in court if you miss first apparence?
In a criminal court you will not receive a second summons to appear, you'll be issued a bench warrant. Should you be stopped by Police for a minor traffic violation and they discover the bench warrant, you're going to be arrested. If this was a summons for a civil case and you're the defendant, the plaintiff may have motioned for a default judgement. You should appeal the default judgement with a reason as to why you did not appear in court on the day your case was to be heard or called. If you were the plaintiff, the defendant can also motion for dismissal with prejudice (that the case cannot come before the courts again), you may also appeal this motion by simply appearing at the motion hearing.
What is motion for judicial default?
A motion for a judicial default, or a default judgment, is bringing a matter to the attention of the court due to the defendant failing to answer or appear to a trial. This judgment will award the complainant what they asked for in their complaint.
Does a defendant have an option to attend his civil court calendar hearing?
A summons/complaint is a notification of sorts. It informs the named person that he or she is a party to a lawsuit. In most circumstances one does not have to appear in court when it relates to a summons only. Although non appearance will most likely result in a default judgment being awarded to the plaintiff(s). If the summons is accompanied by a motion of discovery order, the defendant should file a written response within the time required. The defendant will then be notified of the date for the discovery hearing and the documents that are to be presented. That notice in most state courts will be a subpoena. A subpoena is a DIRECT order from the court and must be obeyed or the non complaint party can be found in contempt, which is not, to put it mildly a good thing.
What does government opposition to defendants motion to withdraw mean?
In plain English: The defendant (the person charged) wants to take back, or retract, something and the government (presumably the prosecutor) does not want them to be allowed to do so.
What is defendants motion for bond?
A defendant's motion for bond is a request made to the court asking for release from custody pending trial or other court proceedings. The motion typically outlines reasons why the defendant should be granted bail, such as strong ties to the community, minimal flight risk, and no danger to the public. The court will consider various factors before deciding whether to grant the bond.
Can a defendant be added to a pending lawsuit?
Under Georgia law a defendant may be added to a lawsuit within the statute of limitations upon motion to the court. A work-around is for the plaintiff to add "John Doe" place-holder defendants and a defendant may be added b substituting for a John Doe without leave of court.
In a child support case what does it mean with the court has enter a motion of default?
It means that the defendant hasn't shown up in court and the court finds on behalf the plaintiff.
When can you file a motion to compel?
The reason(s) the original summons was not responded to, such as it was never received, the defendant didn't have enough time to respond, and so forth. If the court finds the reasons justifiable on the defendant's behalf then it has the option of vacating the default judgment that was entered against the person/defendant. Be advised, any such claim must be substantiated simply making a statement of the circumstances will NOT qualify as a valid defense.AnswerThe motion is generally called a Motion to Vacate Default. The rules of civil procedure of the jurisdiction will specify any particular procedure for filing it; in all cases, like for all motions, a copy of it has to mailed to the other party or, if represented, to the attorney.As stated above, the motion must state a recognized reason for not having reponded. "I forgot" will not work, but if, for example, the illness of a famility member required your undivided attention, you should set forth all of the facts.You must state that you have a viable and legally recognized factual or legal defense to the suit; the court will not be inclined to vacate the default unless there is something substantive to determine at trial.Finally, it is important that you file the motion before a judgment is entered. It is generally easier to get defaults vacated than default judgments.
Can a defendant in Texas file a motion to dismiss a case?
Yes, a defendant in Texas can file a motion to dismiss a case.
Can a motion to dismiss be filed when the wrong defendant is named in the lawsuit?
Yes, a motion to dismiss can be filed if the wrong defendant is named in a lawsuit.
How do you apply for a default judgment?
In Florida, when a party against whom action for affirmative relief has been filed (Defendant) fails to file an answer or serve any paper in the action within the time frame permitted by the rules of civil procedure, the party seeking relief (Plaintiff) may have the Clerk of the Court enter a default. The Plaintiff files a Motion for Default with the Clerk and provides a proposed Order. The Clerk will review the file and if it is found no answer was filed by the Defendant, the Clerk will sign the Order entering the Default.
