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What is the typical timeline between defendant's nonappearance in court to defend against a civil suit and the default judgment order?

2007-03-02 17:50:07 · 4 answers · asked by Anonymous in Politics & Government Law & Ethics

4 answers

It depends entirely upon the court - some issue rulings quite quickly, others have substantial backlogs and their rulings, even on default, may take months.

2007-03-02 17:58:04 · answer #1 · answered by Anonymous · 1 1

first you have 20 days to file a response with the court after you receive the summons and complaint (60 days if you choose to waive service!)... then if you don't file anything, the other party can come to the court and make an entry for default which is just a document that says you're not there. Courts don't like to allow default judgments because they'd prefer the case was solved on the merits, and it's acceptable, but frowned upon for an attorney to file the entry on the 20th day. But the court can't really say that you don't get to file. 14 days after that, there's a hearing... if the defendant has filed something with the court, they must get notice of the hearing... if they have not, they don't get notice. Defendant can come to that hearing and the judge can extend the time for the lawsuit if the defendant had a good reason for not responding within the previous days (most anything is a good reason). If the suit meets certain regulations, the clerk can enter the default judgment and rule 55 says that he would do so no more than 60 days after plaintiff made the entry for the default. If plaintiff has requested default by a motion to the court, they will have that hearing on the 14th day and the judge can declare the default judgment then.

20 days initially for answer, entry, then judgment 14 - 60 days after the entry.

2007-03-02 18:17:17 · answer #2 · answered by muetrider 2 · 0 0

The same day.As soon as the judge says please note that a party is not in court the info is taken and after court the judge makes arrangements for the missing party to be arrested.

2007-03-02 17:59:26 · answer #3 · answered by darlene100568 5 · 0 0

it happens at the hearing!

2007-03-02 17:57:17 · answer #4 · answered by tryinthis2 4 · 0 1

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