how to respond to request for entry of default

3 min read 17-01-2025

how to respond to request for entry of default

Responding to a Request for Entry of Default (RED) requires careful attention to detail and a clear understanding of the legal implications. This article will guide you through the process, explaining the various options and strategies you can employ. Ignoring a RED can have severe consequences, so understanding your options is crucial.

Understanding the Request for Entry of Default

A Request for Entry of Default is a formal legal document filed by a creditor (plaintiff) when a debtor (defendant) fails to respond to a lawsuit within the allotted time. This means the defendant hasn't filed an Answer or otherwise defended themselves against the claims made in the initial complaint. The RED essentially asks the court to officially record the defendant's default, which can lead to a default judgment against them.

What Happens if You Don't Respond?

Failing to respond to a RED has serious repercussions. The court will likely enter a default judgment against you. This means the plaintiff wins the case without a trial, and you'll be legally obligated to pay the amount requested, plus any associated court costs and potential interest. This judgment can affect your credit score, lead to wage garnishment, and even result in the seizure of assets.

How to Respond to a Request for Entry of Default: Your Options

Your response will depend on your specific situation and the reasons for your failure to respond initially. Here are some key options:

1. File a Motion to Set Aside Default

This is your primary option if you have a valid reason for missing the deadline. You'll need to convince the court that your failure to respond wasn't intentional and that you have a meritorious defense (a legitimate reason to dispute the claims). Common reasons for granting a motion to set aside default include:

Mistake, inadvertence, surprise, or excusable neglect: This could involve a missed deadline due to illness, a misunderstanding of court procedures, or reliance on incorrect legal advice.
Meritorious defense: You must show you have a strong defense against the plaintiff's claims. This requires evidence and arguments that demonstrate you should not be held liable.

This motion typically involves filing specific legal documents and potentially attending a hearing. It's advisable to seek legal counsel to help you prepare and file this motion.

2. File an Answer

If you missed the deadline but still want to defend yourself, you can attempt to file an Answer. However, the court may not grant you permission to do so, especially if there's no reasonable explanation for your delay. You'll need to convince the judge to allow you to file an Answer and defend yourself against the original claims.

3. Negotiate a Settlement

Before a default judgment is entered, you might try to negotiate a settlement directly with the plaintiff. This involves agreeing to a payment plan or a reduced amount owed. This requires contacting the plaintiff's attorney or the plaintiff themselves to initiate negotiations. Reaching a settlement avoids the costs and potential damage of a court battle.

4. Seek Legal Counsel Immediately

This is crucial. The legal complexities involved in responding to a RED make seeking professional legal help vital. An attorney can advise you on the best course of action, help you prepare your response, and represent you in court.

Document Your Response

Thoroughly document every step you take in responding to the RED. Keep copies of all filed documents, correspondence, and any other relevant information. This meticulous record-keeping will prove essential if further legal action is necessary.

Conclusion: Act Quickly and Seek Help

A Request for Entry of Default is a serious matter. Ignoring it will almost certainly result in a default judgment against you. Act swiftly, seek legal advice, and explore the options outlined above to protect your rights and interests. Don't hesitate to contact a qualified attorney as soon as possible. The sooner you address this issue, the better your chances of achieving a favorable outcome.