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Default eligible?

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liddleFish

Junior Member
What is the name of your state (only U.S. law)? Alaska

I served my soon to be ex-husband with my complaint via certified restricted delivery. He had 20 days(until 10-7-10) to respond with his answer. He mailed his response back to the courthouse and they received it on 10-7-10, but the clerk didn't accept it because his documents were not notarized and sent the back to him.

I filed for a default judgment on 10-8-10, because I believed he did not respond appropriately in the time given. I received a copy of his answer on the 18th, so I suppose the courts did too.

I went to the courthouse yesterday and the clerk told me that my default application was denied, because they did receive his answer.

Do I have any grounds to stand on to fight the denial on my default application? If so, does anyone know where I could start?

Thanks in advance! :)
 


Zigner

Senior Member, Non-Attorney
What is the name of your state (only U.S. law)? Alaska

I served my soon to be ex-husband with my complaint via certified restricted delivery. He had 20 days(until 10-7-10) to respond with his answer. He mailed his response back to the courthouse and they received it on 10-7-10, but the clerk didn't accept it because his documents were not notarized and sent the back to him.

I filed for a default judgment on 10-8-10, because I believed he did not respond appropriately in the time given. I received a copy of his answer on the 18th, so I suppose the courts did too.

I went to the courthouse yesterday and the clerk told me that my default application was denied, because they did receive his answer.

Do I have any grounds to stand on to fight the denial on my default application? If so, does anyone know where I could start?

Thanks in advance! :)
Proceed with your divorce.
 

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