Legal Question in Real Estate Law in Arizona

Hi; I am a plaintiff in a case involving three defendants. I filed my complaint on all three parties out of which only two responded. I filed application and affidavit for default against the third party and currently awaiting an arbitration hearing with the other two.

My question is whether, at this point, I can seek judgement against the party who has not respond and if so what is the procedure.

Thank you.


Asked on 8/25/09, 12:47 pm

1 Answer from Attorneys
Blake Simms W. Blake Simms, P.C.

If the required number of days have passed since you filed the application of entry of default, you are free to file against that party a motion for default judgment. You should, in the motion, document each step you took, including service of the summons and the application for entry of default, and the dates you took those steps. You might also want to include with the motion a proposed form of judgment showing what you think should be in the judgment.

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Answered on 9/02/09, 9:19 pm


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