Responding to a Motion for Default

**johnb** · 10-21-2007, 01:18 PM

My wife and live in AZ. We are being sued by B of A. Their attorney's file a motion for a default judgment even though we filed our answer in time. What do we do?

**Betty3** · 10-21-2007, 01:58 PM

Did you get a summons to go to court - if so, did you go? If you don't show up in court on date specified, they can get a default judgment against you.

**johnb** · 10-21-2007, 02:25 PM

I should have specified that the default had to do with our answer to the complaint. There is no court date set yet

**aaron** · 10-21-2007, 03:19 PM

Quoting johnb

I should have specified that the default had to do with our answer to the complaint.

What's their objection to your answer?

**BOR** · 10-21-2007, 05:46 PM

Quoting johnb

I should have specified that the default had to do with our answer to the complaint. There is no court date set yet

Is this a Rule 55 Motion? It is probably based on filing your Answer in an untimely manner, that is, beyond the time frame, 28 days, etc., even though you may assume it was??

Or the Answer could not have been clear as to affirm or deny the allegations to qualify as a proper pleading?

You need to "carefully" read the base(s) for the motion and you need to counter them as best you can. It seems you are Pro Se defendant, meaning you are representing yourself.

I am not an attorney, so I will not say for certainty a responsive pleading is required, but without one, the court may assume the Motion is valid if it is not contested?

**johnb** · 10-21-2007, 09:26 PM

I am a party to the law suit because I am a spouse because AZ is a community property state. For a responsive pleading to the plaintiff's motion for a default judgment, what forms do I use. Is there anyone from Arizona here?

**aaron** · 10-22-2007, 05:57 AM

Answers to motions are typically drafted based upon the content of and allegations in the motion itself. You may be able to convince a helpful court clerk to help you find a motion reply from a similar case to use as a model.

**Madmanmike1972** · 10-22-2007, 02:36 PM

It would help to know whether you asnwered the complaint properly and on time. The form of your asnwer they are supposed to give you some leeway because you are a PRO SE Defendant.