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possible default

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hearts41

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

As I mentioned before, I filed a Contempt/Enforcement case and my x husband was served 20 days ago as of this upcoming Monday. He has (as of today) NOT filed an Answer. I am really shocked actually as to why he would not at least file some sort of answer. None the less I have my Motion for Default, Default, and my paper attesting that he is not in the military ready to be filed at the courthouse on Tuesday morning.
I have never been through a Default case before any advice, suggestions? I am assuming that a Default case means I would have a quicker hearing? Thanks in advance.
 


Gracie3787

Senior Member
When you take those papers in the court clerk will check the docket to see if a return of service has been filed. Once they make sure that the return of service is there and it has been 20 days or more, the clerk will issue a default.
At that point you can have a hearing date set.
If ex appears at the hearing, he will be able to be heard, but if he doesn't show, the court will issue a default judgement of contempt, which typically involves the Judge issing a bench warrant at the same time.
 

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