Q: Can I still request a default after defendant responded but too late?
Personal injury case, I serviced the defendant but after almost three months he still responded, I should request a default before his response but I didn’t know that until yesterday, do I still can request a default since he already responded but too late?
A:
A Request for Entry of Default will only be effective if there has been no response when the Judge is asked to sign it. By filing a responsive pleading before you even filed the Request, the defendant avoided the default.
The good news is that a default will almost always be set aside to allow a defendant who requests it as long as the request occurs within the first 6 months after the service of the Complaint. So you are right where you would have been anyway.
Good luck to you.
A: It's clear by your question that you are over your head. This is a simple issue with a simple resolution. If this is small claims court... ok. But if this this is something other than small claims, you should bring in an attorney. You waited 3-months and didn't know what to do. This process gets more difficult as you proceed. Don't go it alone.
1 user found this answer helpful
A: No you cannot. You really should consider hiring an attorney to help you. You don't understand even the basic issues and the lawsuit will become difficult if the other side has an attorney. There are a lot of ways they can out maneuver you. If you have a lot at stake and/or if you have an attorney fees provision - hiring an attorney would be your best bet. Otherwise... good luck to you
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.
