Legal Question in Civil Rights Law in California

Request to enter default

I am going through a civil law suit, what does it means REQUEST TO ENTER DEFAULT


Asked on 10/17/07, 8:04 pm

3 Answers from Attorneys

Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

Re: Request to enter default

Someone would file a Request to Enter Default against someone who did not respond to a lawsuit in time.

If you received this document, and you did file your response in time, the clerk's office will reject your opponent's Request to Enter Default.

If you did not file a response in time, then your default is entered, and you lose the case unless you file a successful motion to have the entry of default set aside.

If default has been entered against you, and you have legal grounds to set it aside, as you almost certainly do, you will need to have your attorney serve and file a motion for relief from entry of default WITHOUT DELAY.

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Answered on 10/17/07, 8:14 pm
Terry A. Nelson Nelson & Lawless

Re: Request to enter default

If you got that from the other side, it means you're about to lose your case 'by default' and get a judgment against you, for failure to respond. It appears you need to hire an attorney to keep you from further damaging your case, and to try to get you out of this problem by filing the appropriate motion for relief from default. If you're serious about getting counsel, feel free to contact me if the case is in SoCal courts.

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Answered on 10/17/07, 9:01 pm
Joel Selik www.SelikLaw.com

Re: Request to enter default

If the defendant or counter defendant does not answer, the Plaintiff files to request default and then the defendant loses. If it is entered, the defendant can request it set aside, but it must be done quickly.

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Answered on 10/17/07, 9:59 pm


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