Q: I just received an entry of default ? What do you do next ?
I don't have money for a lawyer. I'm in school full time. It says I have to respond . What do I do? Can I just pay them the 100 dollars I do have so I won't get sued. Or is it to late ? Thanks for your help.
A:
Disclaimer: The materials provided below are informational and should not be relied upon as legal advice.
Your question is not very clear to. If you have been served with Summons and Complaint, you have only 30 days to file a responsive pleading or risk entry of default against you. You may retain a defense attorney, or if you feel comfortable doing so, file your responsive pleading yourself. On the other hand, if you have been served with a "Request for Entry of Default" that probably means your 30 days has already passed and the plaintiff is requesting the Court Clerk to entry default against you. If the default has not yet been entered, you may still have opportunity to file your responsive pleading. Otherwise, you will need to bring a motion requesting the Court to set aside default and allow you opportunity to file your responsive pleading. If the total amount of your debt is $100, it would may be more economical to pay that balance rather than going through litigation, because your Court filing fee will likely exceed the $100. Be sure to consult your own attorney to protect your legal rights.
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