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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Business Law
Satisfied Customers: 111670
Experience:  All corporate law, including non-profits and charitable fraternal organizations.
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In an Idaho small claims action, the defendant did not

Customer Question

In an Idaho small claims action, the defendant did not answer the claim and complaint for 40 days. The statute 1-2303 state defendant has to respond in 20 days. My question is how do I write a motion getting a default judgement as stated in IRCP Rule 55(a)(1) by using the statute and the rule 55?
Submitted: 10 months ago.
Category: Business Law
Expert:  Law Educator, Esq. replied 10 months ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
You file an affidavit for default with the court. The forms can be found at http://www.courtselfhelp.idaho.gov/small-claims
You have to serve the other party with your affidavit of default and they have a right to answer and object. If they do not object the court will enter the order of default against them and then you can file a motion to execute on judgment so you can try to seize their property or bank accounts to satisfy your judgment against them.

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