In a civil proceeding, once an answer is filed, if there is no discovery to be done, either party can ask for the matter to be set for trial. You cannot file a preliminary default because she has filed an answer. You must file a request to have the matter set for trial. The clerk of court may have a simply form that you can use to request a trial be set.
Every situation is different and you should consult your own attorney to go over all the particular facts in your case. The answer given is only intended to provide general guidance regarding rights and responsibilities.
A motion to set for trial is the next step you will need to take. The 23th JDC Clerk of court may have a form motion you can file - check online or call their office directly.
Angelia F. Huszar is licensed to practice law in the State of Louisiana. A consultation can be scheduled to further discuss your case in detail by contacting 985-902-8755. The information contained on this site does not constitute a client-attorney relationship.
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