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Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Legal
Satisfied Customers: 37670
Experience:  Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.
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I was served with summons, complaint in Decl 2012 and responded

Customer Question

I was served with summons, complaint in Decl 2012 and responded to it Dec 24 2012. My daughter in law filed the suit, stating I forced her to pay on my son's jeep when he passed so i could take advantage of her, and in return take it from her. She waiting over two years to file. In the counter claim, I am asking for roughly 12,000 the money I have in the Jeep as well as funeral expenses paid for by my family with the intention of the Army reimbursing everyone, they did on some of the claim, however, the daughter in law took the money for herself, leaving me to pay them back and fight with her and the Army.
She has a lawyer, and I don't,
As of this day they have never responded to the counter claim, so they should be in default, if I am understanding the rules in Superior Court Clark Co WA, I am unsure which documents need to be filed now I believe it's a motion and order for default, and I should attach all my documentation? I don't know if interest rates applies in a case like this. I have received 2 calls from her attorney, our last conversation ended with them telling me I would hear from them them on friday no later than monday and that was 2 months ago, Thank you Tia
Submitted: 1 year ago.
Category: Legal
Expert:  Dimitry K., Esq. replied 1 year ago.
Thank you for your question.

I am not sure that they are in default. Was there a hearing?
Customer: replied 1 year ago.
No, there hasn't been anything, from what I researched they had the same 20 days to respond to my counter claim, as I had to respond to the summons and complaint
Expert:  Dimitry K., Esq. replied 1 year ago.
Thank you for your follow-up.

Then there was no default judgment on either side. By not responding to your cross complaint, you can claim that they have given up their rights to later claim any part of your complaint petition was incorrect. But that is not yet a default judgment, you would need to get a judge to sign off on a judgment, it is not simply granted based on parties not replying to documentation. You can now file a motion for a default judgment on grounds that the facts in this case are not in dispute, but you do not as yet have a default judgment finalized.

Good luck.
Customer: replied 1 year ago.
I realize that I have all the documentation for each of the items I listed in the cross complaint, I also know that when i file the motion that all the supporting documents need to be with the motion, Our Superior Court rules state that after one year, the clerk can enter the default, I am unsure if both the motion for default and the finalized documents need to be filed to together, I believe I found the appropriate document, I need to complete, but there is nothing clearly stated on what guidelines are, it states if there is interest to be considered. I am not sure if the monies I have spent, are considered acceptable for interest. There's monies that are form fixing the damage to the jeep, and for her failing to pay for funeral cost, but collecting the money from the army..
Expert:  Dimitry K., Esq. replied 1 year ago.
Thank you for your follow-up.

You are not permitted to seek anything above the default judgment other than direct fees that you paid toward filing and your own service. You cannot seek interest because as yet there is no judgment. You can only pursue interest once the judgment is ordered and finalized.

Good luck.

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