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What the heck does "act on the default mean?"

Discussion in 'Civil Court, Procedure & Litigation' started by Mmurf, Apr 21, 2019.

  1. Mmurf

    Mmurf Law Topic Starter New Member

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    Jurisdiction:
    California
    I'm representing myself in an unlimited civil case in California. I'm the plaintiff. The defendant never answered my complaint and I filed a default with the clerk. I went to court a few days later and the judge asked what I was going to do next.
    I said, "my plan was to get a judgement for the amount in the complaint."
    "how are you going to do that?" He asked.
    Not being a lawyer and new to this whole thing I said, "I dont know. What would usually come next?"
    "Typically the next step would be to Act on the default. You will need to take care of that by June 13."
    And that was that.
    So what the heck needs to be done/filed to act on a default? What forms?
    So far I have not done a case management statement or turned in any of the details surrounding the damage and how I came to the total in my complaint. Is this what he is referring to? I'm very confused.
    Help!
     
  2. justblue

    justblue Well-Known Member

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    You should consult with an attorney.
     
  3. adjusterjack

    adjusterjack Super Moderator

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  4. zddoodah

    zddoodah Well-Known Member

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    I assume this means you filed the form CIV-100 Request for Entry of Default. Correct? Did the clerk actually enter the defendant's default?

    For what purpose? Case management conference?

    In this context, "act on the default" means to seek entry of a default judgment. Walking you through the process is way beyond the scope of any internet message board. When you chose to handle your case without an attorney, you essentially chose to learn how to follow all of the rules of civil procedure. It's not the judge's or court clerk's job to hold your hand through the process. My recommendation is that you spend several hours at the county law library reviewing the relevant chapter of The Rutter Group's Civil Procedure Before Trial practice guide.
     

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