30 Days since Defendent's were served

[kevinreece]

And, they haven't responded to the court. Does this mean they give up, or does a trial still get set at this point?

I'm in SC. Thanks!!!!!

 

[I AM ALWAYS LIABLE]

My response:

How were they served ? By personal service ? By mail ? Substitute service ? By newspaper ?

IAAL

 

[JETX]

If the opposing side has been properly served and the allowed time for response has lapsed, contact the court and request a trial date.

 

[I AM ALWAYS LIABLE]

My response:

Or, ask for the form "Request for Entry of Default", fill it out, serve it on the opposing party by mail, and file the Original. Make sure to make a "conformed copy" for yourself.

You'll then get a "Default Prove-Up" date for you to appear in court, to show the judge all of your damages, and for the judge to award you a default judgment.

All of this, of course, assumes that you have previously placed the Defendant on Notice of the actual dollar amount that could be lost by the defendant, if the defendant failed to respond to the complaint.

If you never gave Notice of the damages to the defendant, you'll basically have to start all over again - - before a judge would award you a default judgment.

IAAL