Received Request for Entry of Default, but i did send an answer on time.

[joejoe7676]

What is the name of your state (only U.S. law)? California

April 2014 i received a summons for unpaid credit card bills for just under $5,000. I filled out form PLD-C-010 the "answer" form and sent my check in. I went to the court and they did have a copy of my form filed on time in early May with a copy of my check. Over the weekend i received a request for entry of default and signed by the plaintiff. However, the court has not checked any of the boxes for default entered as requested or default not entered as requested. So i am a little confused why i would receive a request for entry of default when i did send in my answer. Thank you.

 

[Ohiogal]

What is the name of your state (only U.S. law)? California

April 2014 i received a summons for unpaid credit card bills for just under $5,000. I filled out form PLD-C-010 the "answer" form and sent my check in. I went to the court and they did have a copy of my form filed on time in early May with a copy of my check. Over the weekend i received a request for entry of default and signed by the plaintiff. However, the court has not checked any of the boxes for default entered as requested or default not entered as requested. So i am a little confused why i would receive a request for entry of default when i did send in my answer. Thank you.

So did you serve a copy of the answer on the opposing party and all other parties?

 

[joejoe7676]

So did you serve a copy of the answer on the opposing party and all other parties?

No i did not. I only mailed it to the court house. If that is the issue can i go ahead and mail the opposing party as well at this point? thanks

 

[Ohiogal]

No i did not. I only mailed it to the court house. If that is the issue can i go ahead and mail the opposing party as well at this point? thanks

If you want to play lawyer, you need to know the rules. Yeah. You haven't perfected your answer until it is served. And you can't just go ahead and mail the opposing party. Have the courthouse serve them by certified mail. Unless you had a certificate of service. Read the local rules, the rules of civil procedure and the statutes. You got a default because you didn't actually answer.

 

[CourtClerk]

Courthouses DON'T perform service at all, much less by certified mail.....

 

[Ohiogal]

Courthouses DON'T perform service at all, much less by certified mail.....

Really? I apologize. Here I can file with a clerk instructions for service and they will have it served.

 

[joejoe7676]

This other form i am looking at SC-108 says the clerk will mail a copy of the form to all other plaintiffs and defendants in your case. So some forms they send out and others they don't?

 

[single317dad]

Really? I apologize. Here I can file with a clerk instructions for service and they will have it served.

Same here. I'd be interested to learn California's rules on the matter. California's rules are always interesting.

 

[CourtClerk]

This other form i am looking at SC-108 says the clerk will mail a copy of the form to all other plaintiffs and defendants in your case. So some forms they send out and others they don't?

SC stands for Small Claims. You don't have a small claims case and you can't use small claims forms on a civil case....

You're obviously WAY in over your head.

Further, if you never served the plaintiff with a copy of your response, then what did you think was going to happen? They have no reason to believe you're responded. Technically, you haven't because even if you sent a copy to the court, without a proof of service, the response itself isn't any good. Be prepared for the plaintiff to clean you out because they have one thing over you already. They know what they're doing.

 

[joejoe7676]

CourtClerk not sure where you get your information, but you might want to dust off your law books, if you are a lawyer or just play one on the internet. The summons says the money damages less than equal to $5,000 and therefore falls within the monetary jurisdiction of the small claims court. It even says it here on their website. The fee for filing in small claims court depends on the amount of the claim: $30 if the claim is for $1,500 or less, $50 if the claim is for more than $1,500 but less than or equal to $5,000.

 

[CourtClerk]

CourtClerk not sure where you get your information, but you might want to dust off your law books, if you are a lawyer or just play one on the internet. The summons says the money damages less than equal to $5,000 and therefore falls within the monetary jurisdiction of the small claims court. It even says it here on their website. The fee for filing in small claims court depends on the amount of the claim: $30 if the claim is for $1,500 or less, $50 if the claim is for more than $1,500 but less than or equal to $5,000.

Ummm errrr... no. You don't file an answer in small claims. There are no defaults in small claims. You don't file those motions in civil - and since attorneys aren't allowed in small claims courts, attorneys file their claims in CIVIL. You can claim I don't know what I'm doing, but I'll do you one better. Why don't you go pay a civil attorney for a consultation. Go see them. Ask them which one of the two of us is right.

I'll expect your apology shortly thereafter and I won't even rub it in your face when you find out I'm COMPLETELY right. Every. last. word. of. it.

You're welcome. Go ahead. Call one. I'll wait.

In fact, why don't you call the courthouse and ask them if your case is in small claims. We'll start there. Go for it. I dare you.

 

[Proserpina]

CourtClerk not sure where you get your information, but you might want to dust off your law books, if you are a lawyer or just play one on the internet. The summons says the money damages less than equal to $5,000 and therefore falls within the monetary jurisdiction of the small claims court. It even says it here on their website. The fee for filing in small claims court depends on the amount of the claim: $30 if the claim is for $1,500 or less, $50 if the claim is for more than $1,500 but less than or equal to $5,000.

Let me try.

You filed this: http://www.courts.ca.gov/documents/pldc010.pdf

Do you understand what that is and where it's appropriate?

If you have a case in small claims, then obviously that form should not be used. And if you don't have a small claims case, SC108 is precisely what you should not file.

So... you can't file both for the same case.

Pick one.