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As long as you have filed to set aside the default that was entered in against you within the statutory time frame, you are allowed to file an answer. Sounds like what happened was that the plaintiff filed a complaint, and you did not answer within 30 days of being served. They then asked to the court to default you out for not answering within the specified time frame, and allow them to proceed without you. The next step is to get a judgment to enforce. It seems as though that is where you are at. If you file to set aside the default and file an answer, then the judgment cannot be entered by default against you
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I had a settlement company prepare a letter to send into the court clerk, in there motion they mention I didn't answer it correctly and was wanting a default judgement. I did send this within the 30 day.
Then I file another response doing what they said wasn't done within a week of getting it
does this help me showing I'm trying
Yes it does. You need to file a motion to set aside the default though if the default was taken within the time period THe grounds for setting aside the default would be referred to as "surprise" meaning you had absolutely no idea a default would be entered as you thought there was going to be a settlement worked out in the case
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How would I go about filing a ruling a judge allow it to continue.
as a example
How to file fo the motion? You would just file the motion to set aside the default with the court clerk
If there isa hearing date you can appear on that date as well and ask for it to be set aside, although a formal noticed motion is the best manner
motion has been file
let me look at that statute
hold on one moment
I have file this motion to deny it
send it to the clerk and the lawyers who is handling this case
I think this was the formal notice your talking about
I copy the court page I got in the mail
Okay under that statute you should have responded to the complaint within 20 days. Yes sending it to the lawyer who is handling the case is formal notice
Here is the relevant statute for setting aside a default in OK. "
Any default or judgment by default shall be set aside upon motion of the defendant in the manner prescribed in Section 1031.1 of this title, or upon petition of the defendant in the manner prescribed in Section 1033 of this title if the defendant demonstrates to the court that the return receipt was signed or delivery was refused by an unauthorized person. A petition shall be filed within one (1) year after the defendant has notice of the default or judgment by default but in no event more than two (2) years after the filing of the judgment."
Okl. Stat. tit. 12, § 2004
well I got the signature on the letter I did get in with the 20 days your talking about
I the file the other motion to the court after this time
Then that is PERFECT! The default is not valid, just bring that to court with you :)
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