Q: Filed a complaint in the court for non refund of deposit and defendant failed to answer twice.
My attorney do not want to file an application to the court to vacate the Judge's vacation of the default or file a new default motion? He says court will take care of the defendants violation of order. Find below the details. How to deal with it?
Filed a complaint in the court for non refund of deposit and defendant did not answer in 35 days and court entered default. Defendant's counsel filed a motion to vacate the default to answer the complaint out of time which was granted by judge with a note to submit the answer in 10 days. Defendant counsel did not file an answer even after 19 days and in the mean time court initiated mediation and appointed a mediator. Now that defendants violated the order to answer out of time the default still exist? If so do still have to go through mediation. My attorney says he will prepare the discovery and will be ready for mediation and the violation court will deal.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.