Legal Question in Family Law in Maryland
Doc No./Seq No.: 3/0
File Date: 01/15/2010Close Date:01/15/2010Decision:Denied
Party Type: PlaintiffParty No.:1
Document Name: Request Non-Mil. Aff./Order of Default
What is this ? Request Non-Mil. Aff./ Order of Default?
1 Answer from Attorneys
The plaintiff's suit against the defendant was not timely answered, so the plaintiff asked the court for an order of default. Plaintiff forgot to file a non-military affidavit--an affidavit that the defendant is not in the military (federal law prohibits entering a default against a member of the military if deployed). So the court denied the request. However, if the defendant isn't in the military the plaintiff can file the proper affidavit and the default will be granted. The defendant can prevent this by filing an answer. Otherwise if the default is granted a hearing on damages will be held and if the evidence is sufficient a judgment will be entered against the defendant.