Fighting Request for Entry of Default
Once you have been served with a petition for dissolution or a summons and complaint, you normally have 30 days from the date you were personally served with the documents, to file your answer with the Court.
Your answer can be a simple denial of all the claims or assertions alleged against you. The court’s website has a General Denial form that you can use and fill out. If you fail to file your Answer with the court in a timely manner, it gives the other side the right to file a Request for Entry of Default. If granted, the Court will enter default against you. This means that you can no longer file an answer with the court and prevents you from making a appearance in the court to dispute their claims. Basically it eliminate you from the process and allows the other side to make all their claims for a judgment against you without your participation.
To avoid this all you need to do is file an Answer. If you receive a Request for Entry of Default, the best thing to do is to immediately file your Answer. If you file your Answer before the court review their Request for Default, their request will get rejected. If the Court enters default against you, you can call and ask them to stipulate to remove it so that you can file your Answer. Otherwise, you will have to file a motion asking for the court to allow you to file your answer. You will also have to state why you failed to file your answer. Depending on the Judge, a simple excuse like you didn’t understand or mistaking forgot to file it by error will be sufficient.
The motion hearing date will need to be set up with the court and you have to give notice of the hearing to the other side so that they can attempt to fight it.
The bottom line is – to fight a request for entry of default – is to file your Answer.
