Clerk rejected Entry of Default for wrong reason. How is this possible?: Have a pending civil case and defendant’s attorney answered complaint. I then made opposing counsel aware I was amending my complaint (1st), and it was served on them, but they did not answer, and haven't returned attempts at contacting them. Opposing counsel also did not show up to our last CMC, so judge set Order to Show Cause. As required, and at direction of the judge, I filed for entry of default (not judgement yet) but it was rejected by the clerk. The reason for the rejection was that there is an answer on file. I don’t understand this. I tried telling them that the answer was to the original complaint and not the amended complaint, but they are saying this doesn’t matter. I’m a bit dumbfounded and I feel like this is a mistake they are not realizing. Is there something I’m missing here? To me, they didn’t answer amended complaint, so they have defaulted. Why does their answer to the old complaint absolve them from defaulting now, according to the clerk? I was told to file ex-parte with the court to possibly resolve this, but don’t wanna bother the court with something not really an emergency. Any other way to fix this?
John’s answer: Amending a complaint after the defendant answers requires a court order. That can be by stipulation or noticed motion. From your question, it didn't sound like you got leave of court to file a first amended complaint. So the first amended complaint may not be proper, and that may be the reason your default was rejected.
If I received a settlement offer with another plaintiff; how can I protect myself before signing?: Hi! I recently received a settlement offer for a lawsuit that I did with my ex wife; who I have no contact with. And I was wondering, How can I make sure that the payment will be sent separately after signing the settlement agreement.
John’s answer: You could have an attorney help you. You could make separate payments sent to you and your ex at separate addresses part of the terms of the settlement agreement. There may be other options depending on the specifics.
How do I recover unpaid awarded attorney fees?: I was involved in a DVRO where I was awarded attorney fees. My ex began paying and hasn't made another payment in about 2 years. I've reminded my ex on multiple occasions via court ordered communication app about the fees and it doesn't look like it will get paid without me going back to court. What do I need to file to recover my awarded attorney fees?
John’s answer:
I disagree with Mr. Arrasmith's answer. If you have an order for the payment of money, that's enforceable like a civil money judgment. This means it is enforceable for ten years from entry, it earns interest at 10% per year (not compounded until you renew the judgment), and you can claim attorrney's fees for the work to enforce it.
As for how to go about enforcing it, the law gives you many tools to use. The best approach is going to depend on your ex's financial situation. Common approaches are bank levies, wage garnishment, liens on property, judgment debtor examination to get more information, more levies depending on what you find.