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Once the clerk enters a default in the court record, the defendant is no longer able to file a response or otherwise participate in the case. The plaintiff can also request a judgment entered in his or her favor, at the same time as the default, or later. This is known as requesting a default judgment.
A Writ of Attachment is issued prior to judgment and is used to levy on the defendants interest in real or personal property as authorized in the writ. The purpose of an attachment is to secure the defendants assets to assure such assets remain available for execution at the time a final money judgment is entered.
The case can move forward without you The court will make decisions based on the information from your spouse, and what the law says, without hearing your side. A default doesnt mean your divorce happens right away. Your spouse will need to complete more steps and a judge will need to sign the final papers.
A party against whom default judgment has been granted, or any person affected by such judgment, may serve and file an application at court within 20 (twenty) days after obtaining knowledge of the judgment, and on notice to all parties to the proceedings, for rescission or variation of the judgment.
What is CIV-100 form? The CIV-100 form is the Request for Entry of Default form used in California courts. A plaintiff typically uses this form in a civil lawsuit to request that the court enter a default against a defendant who has not responded to the lawsuit within the required time frame.
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