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.

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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.

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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.

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Answered on 9/21/11, 12:42 pm


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