Hello again. I hope that this message finds you well.
I would like to ask you some follow-up questions related to my recent thread. I spoke with an attorney friend who reviewed the letter I received from the P's attorney. He believes that the P may have filed papers, not a Motion, directly to the Clerk requesting a default judgment, I believe based on the payment of a sum certain. (This is a breach of contract case so I don't believe that a sum certain applies but alas.) Since the letter does not specify that a Motion was filed, he recommended that I file a "Motion to Stay the Issuance of a Default Judgment; or, alternatively, Motion to Vacate Default Judgment." However, this seems odd to me because I would be responding to papers (not a Motion) that I have not received and that do not exist in the case file.
1. Would the kind of Motion described above be the correct one to file in this situation, or should I wait until I actually view the papers the P submitted (if any)?
2. If that kind of Motion is not appropriate, should I file a "Reponse to Plaintiff's Request for Default Judgment"?
3. If I should file the Motion, that packet would contain the following: Notice of Motion (with a proposed court date?), Affidavit in Support of Motion, Affidavit of Service, and any related Exhibits (like the P's letter which is the only indication I have that any papers related to a default judgment were sent to the Clerk), correct?
4. What happens if I do not respond for the time being, especially if I am not able to view the P's non-Motion papers?
I really appreciate your help.