The Legal System

WHAT HAPPENS IF THE DEFENDANT DOES NOT ANSWER OR OTHERWISE RESPOND TO THE COMPLAINT?

If the defendant does not file a response to the Complaint within thirty (30) days after having been served, the plaintiff may request the court to declare him the winning or prevailing party. The plaintiff does this by filing a document entitled "Request to Enter Default." The plaintiff may then obtain an actual Judgment against the defendant in a specific dollar amount. In some cases, the plaintiff can obtain this Judgment by simply requesting the clerk of the court to enter it, while in other instances the plaintiff must either appear in court to "Prove-Up" his damages by testifying in court, or he must file a written explanation of why he is entitled to his damages. This written explanation is called a "Declaration."


Los Angeles Office
5567 Reseda Boulevard
Suite 330
P.O. Box 7033
Tarzana, California 91357

Phone: (818) 705 - 6800

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