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?
http://rcxloan.com/Civil_Action_Motion_7.htm

Answer 1

It is done at the court's discretion.

Answer 2

Ususally, an Application and Affidavit for Default is sent to the court and to the Defendant. The Court give the Defendant an additional 10 days in which to respond before it will issue the Entry of Default.

Answer 3

The defendant should have been automatically put into default. Some one messed up. The only thing you can do is file a motion to enter the defendant into default.

Answer 4

Different states have different rules, but normally if you petition the court after they have defaulted the judge will sign a default order and the clerk will file it.

Answer 5

As busy as US district courts are, they probably haven't gotten around to signing the order yet. Call your attorney and ask why. If he doesn't know, I'd call the court clerk and ask why. It's been 6 weeks, but that isn't really that long when you're dealing with the court. I didn't see a proposed order attached to the memo on the link you provided, I'd make sure you're attorney sent one.

Answer 6

Without a whole lot more information, it's impossible to suggest why the court clerk did or did not do anything. The person to ask is the court clerk....

Answer 7

there are court produres to go through in all these cases and when a defendant failed to appear they would most likely end up in jail.

Answer 8

THERE are procedures they go through, in those kind of court cases.