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What is an order of default?

and What happens when one is filed?

My lawyer just filed one for my case in the custody of my son.

Answer Question
 
MamaCass05

Asked by MamaCass05 at 11:59 AM on Dec. 28, 2010 in General Parenting

Level 5 (102 Credits)
Answers (8)
  • If the Respondent fails to file a written answer within the time required, it is the same as saying:

    "I admit I committed the violations charged in the Citation and Complaint. You can go ahead and suspend or revoke my license without having a hearing. I am not going to present anything in my defense."
    older

    Answer by older at 12:02 PM on Dec. 28, 2010

  • It is usually when one of the people in a court case doesn't show up or respond to the summons. You win by default.
    tyfry7496

    Answer by tyfry7496 at 12:03 PM on Dec. 28, 2010

  • You should ask your lawyer exactly what it is for. I believe that the other party did not meet the requirements and you are winning by default.
    tootoobusy

    Answer by tootoobusy at 12:04 PM on Dec. 28, 2010

  • Your ex is MIA? Usually a default order is requested when the other party fails to appear in court or respond to a motion.

    It means you'll get everything you're asking for because your ex won't present his side.
    desert_diva

    Answer by desert_diva at 12:04 PM on Dec. 28, 2010

  • If you have a lawyer I would be talking to him. he is getting paid and should be there to answer your questions.
    sue118

    Answer by sue118 at 12:06 PM on Dec. 28, 2010

  • My lawyer said that they did not receive a response within 30days of filing the original complaint. my ex said he sent it to the county court system that I filed in but apparently he didnt do something right if he did. So when I get my court date I will pretty much just be going to have what I have asked for put into effect in a permenant order? The last time we went to court for the first order he didnt show up to our last hearing and they gave me what I had asked for.
    MamaCass05

    Comment by MamaCass05 (original poster) at 12:12 PM on Dec. 28, 2010

  • basicly you win because the other party is showing up to the hearings or responding to the court
    cara124

    Answer by cara124 at 12:23 PM on Dec. 28, 2010

  • Basically it is saying that since the other person didn't file anything, they are ok with what you asked so you will get what you asked for
    JLS2388

    Answer by JLS2388 at 12:34 PM on Dec. 28, 2010

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