Monday, April 27, 2015

I have filed for default and a trail date has been set for today, the judge isn't in today so they had to reschedule my trail. Is there any ...

Question

I have filed for default and a trail date has been set for today, the judge isn't in today so they had to reschedule my trail. Is there any way the respondent can still respond or stop the default trial?



Answer

There are lots of ways. They can even move to set aside the default judgment after that trial. Until six months after the trial they can ask to have a default set aside. Whether they will succeed or not is another story, although courts favor cases decided on the merits rather than by default.



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