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  1. #1
    almostout Guest

    How long before I can file a default?

    What is the name of your state? California

    How long do I have to wait before I can file a default? My ex has no intention of filing a response. Is it 30 WORK days? Or anytime?
  2. #2
    I AM ALWAYS LIABLE is offline Senior Member
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    Re: How long before I can file a default?

    Originally posted by almostout
    What is the name of your state? California

    How long do I have to wait before I can file a default? My ex has no intention of filing a response. Is it 30 WORK days? Or anytime?

    My response:

    It's 30 "calendar days" from the date of actual, personal, service of the Summons and Petition, unless extended by written stipulation, or if the final day lands on a Sunday or Holiday, and then it goes to the next business day. I hope you had him "personally" served, and didn't make the mistake of merely mailing the papers to him (unless he's out of State).

    Also, remember to file your Proof of Service with the court along with your Request for Entry of Default. Make two sets of copies for conforming, keep one set for yourself, and mail a set to your husband, and attach a Proof of Service (signed by and mailed by someone else for you) to your husband.

    Good luck.

    IAAL
    Last edited by I AM ALWAYS LIABLE; 08-07-2002 at 01:09 AM.
  3. #3
    almostout Guest
    Thank you! And yes, I made sure that I had him served by someone else and then got that person's sig. on the correct form. I'm following the book on this one. Don't want any loop holes on this one. I just couldn't find anything concrete on when I could file the default paperwork.

    Anyway, thank you for the help.

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