PDA

View Full Version : Entry Default / Default Judgment


Logan0509
Jun 8, 2012, 10:21 AM
I am almost in my final stage of my CA Divorce Process (in pro per). I have a pending OSC modification hearing scheduled 07/12/2012. Once I get the outcome of this OSC hearing, I will file my default judgement to include this order.

I had filed an entry of default filed 12/2010 (no response was filed), there was no motion set aside filed either. I received some legal documents 6/4/2012 (No court stamp) from the opposing attorney; requesting these documents--Form Interrogatories, Request for Trial setting, statement of demand of inspections and production of documents. I checked with the court 6/7/2012; the court rejected the forms stating entry of default on file. With that said, should I respond to the correspondence from the attorney and provide production of documents and answer the form interrogatories questions they requested?

My understanding, is if there is an entry of default. The other party cannot participate in the case (except for child custody/spousal support issues).

I greatly appreciate any input that any can share with me.

AK lawyer
Jun 8, 2012, 11:08 AM
I would respond by sending the attorney a letter noting that a default has been entered and that you do not believe you need to further respond for that reason. The attorney may, at that point, ask the court to set aside the default and require you to respond. Thus leave it up to the attorney and the court.

Logan0509
Jun 8, 2012, 11:13 AM
Thank you very much for your response.