Why is a default judgment not enter when defendant failed to plead or answer default notice?

Question

In a civil suit, a defendant failed to answer timely to the complaint in the 20 days period. he did not request for an extention of time or responding to the notice of default. After filing the motions, the court clerk still did not enter a default against that defendant, anyone knows why or what to do?r

Answer 1

Petition the judge to enter the default. A clerk can only enter the default in certain circumstances, and is not actually required to under most rules of civil procedure.

When in doubt, the best bet is always to file a petition with the judge and have the judge rule on the matter.

Answer 2

You (or your lawyer) has to take the defendant's default. If it's a contract suit (like on a promissory note) the court clerk can enter the default and also judgment by default, but you have to file the request. Download off the web a document called "Request for Entry of Default" and fill it out, file it with the court. When the default is entered and notice is mailed to the defendant, after 30 days you can apply for a judgment by default by court. As I said, it depends on the case. If there is a lot of money involved, there may have to be a "prove up" hearing. If the court has to hold a default judgment hearing, you really should retain an attorney.

Answer 3

There are an infinite number of reasons why court clerks DON'T do something.

In your case, your suit was filed pro se (without a lawyer) in a United States District Court. Because pro se litigants make so many errors and thereby cause considerable disruption Federal Courts generally require thorough review of any of their motions before granting them. In your case, my guess is they have assigned a clerk to review pleadings, summonses & returns of service to see if everything was done correctly.

Sooner or later, you will hear from them. It may be an order granting the default; a denial or even a dismissal. Unlike state courts, a default doesn't get you an automatic judgment in Fed Court. Fed complaints must allege jurisdiction, standing, and a Federal cause of action. If you fail to do so Federal judges can and will dismiss the claim notwithstanding the motion for default.

Answer 4

Is it possible the courts are waiting out a mandatory period for service? If the respondent in your suit was never served personally or by mail, some cases are then "served by publication" which means the notice of trial is printed in a local legal newspaper for a specified period of time, and once that time has run out, the court has met its obligation for service upon the respondent.
It would definitely be worth contacting the clerk to inquire as to the status of the default.

Answer 5

at the start, i comprehend i'm no longer a guy yet i'm gonna answer anyhow. It rather relies upon on the form of guy. yet yeah various adult men like harmless females, and a few like dumb females who fake the have a suggestions of a 5 twelve months previous. yet maximum adult men are not frequently interested in the form of female who "pretends" to be dumb and harmless for an truthfully relationship considering that i ought to comprehend that they could truthfully get bored with that style of female considering that she acts like she does not comprehend something. And the adult men ur speaking approximately probable purely provide her that style of interest while she's around becuz they comprehend they might truthfully use her after which unload her. Sooo yeah

Answer 6

You filed a motion, and did you appear on the return date to argue it? Even if the other side doesnt show, YOU (the moving party) still have to show up for the motion to be heard, otherwise it gets marked off the calendar.

Answer 7

File for the judgement yourself.