This form is a Verfied Complaint for Replevin. The plaintiff has filed this action against defendant in order to replevy certain property in the defendant's possession.
This form is a Verfied Complaint for Replevin. The plaintiff has filed this action against defendant in order to replevy certain property in the defendant's possession.
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If you serve a defendant and they don't answer at all in 30 days, you can ask for a default judgment. To ask for a default you have to file these forms: Request to Enter Default (Form# CIV-100 ), and. Proof of Service of Summons (Form# POS-010 ), and.
Upon a filing party's request, an original pleading or document in any civil action, which by law is required to be filed in the clerk of court's office where the action is pending, may be removed from the files for the purpose of serving it either inside or outside the state but must be returned without delay.
An order to show cause issued pursuant to section 27-10-07 may be made in the action or proceeding in or respecting which the offense was committed, either before or after the final judgment or order therein, and is equivalent to a notice of motion.
An answer is a written response by a Defendant to a complaint. The answer must also state defenses to each of the claims in short, plain statements. Complete the top of the Answer exactly as it appears in the Plaintiff's complaint.
By not answering the summons and complaint, a person risks losing their opportunity to contest the claims of the plaintiff and also to make their own claims against the plaintiff. If a person does not answer the complaint and ignores it instead, the plaintiff can then seek a default judgment in court.
You Can Lose By Default: If you don't file a response 30 days after you were served, the Plaintiff can file a form called ?Request for Default?. The Plaintiff has to wait 30 days to file this. If the Plaintiff files this form, the Court can enter a judgment against you.
If the defendant fails to answer the plaintiff's claims or fails to appear at the hearing, the judge may, upon the plaintiff's request, hear and decide the case without hearing the defendant's side. This is called a default judgment.
Failure to Respond: If a defendant fails to answer the complaint or file a motion to dismiss within the time limit set forth in the summons, the defendant is in default. The plaintiff can ask the court clerk to make a note of that fact in the file, a procedure called entry of default.