Legal Question in Family Law in California
My default was declined can the resondant still respond since the default was declined?
Asked on 9/21/11, 9:57 am
3 Answers from Attorneys
Yes, unless you correct whatever resulted in the default being declined and refile it before they respond.
Answered on 9/21/11, 10:19 am
Anthony Roach
Law Office of Anthony A. Roach
I agree. The clerk has no authority to reject a paper simply because it is late. It is the clerk's entry of default that prevents late filing. You will have to correct and resubmit your paperwork, unless a response has been filed.
Answered on 9/21/11, 11:07 am
Douglas A. Crowder
Crowder Law Center
Yes, respondent can still respond. If you do successfully obtain a default, then respondent will need to obtain court permission, by filing a motion to vacate the default, in order to respond.
Answered on 9/21/11, 12:42 pm