What does a motion for default mean?
What does a motion for default mean?
A motion for default is made when a defendant fails to file a timely answer to a complaint/petition. If the court grants the motion for default, the Plaintiff obtains the relief requested in the original complaint/petition.
What happens after motion for default?
A motion for default does not end your case in most states. The plaintiff must typically take one more step and ask for a final judgment against you after default is entered. If too much time hasn’t elapsed, you can usually file a motion asking the judge to vacate or set aside the judgment.
What happens at a default hearing?
A default hearing is when you come to court to tell the judge about your case and ask the judge for default judgment. When your case is called, the judge will first ask that you be sworn to tell the truth. The judge will make sure that the papers in the court file show that service of process was complete.
How long do you have to answer a divorce petition?
Once you have returned your acknowledgement of service form, you have a further 21 days to explain why you are defending the divorce. This is called giving an answer.
What happens after a response is filed in a divorce?
Brette’s Answer: Then your divorce is contested and it will proceed through the court process. It will likely be scheduled for a pre-trial hearing where the court will try to help you reach a settlement. If you do not have an attorney, you should get one.
