Posted by Frank on July 16, 2010 at 14:21:59:
Default Judgment can take place on personally served parties on the sixth day - the Writ of Possession waits the ten days
CA -prejudgement claim to right of possesion - Posted by frank
Posted by frank on July 08, 2010 at 17:21:53:
CA -prejudgement claim to right of possesion - service on unknown occupants
The “waiting period” or “response period” prior to judgment with the “unknown occupants” is ten days, while the named defendants have only five days if “personally served”.
Question 1) Can the plaintiff file a request for default judgment (for possession only) after five days against the named defendants or does one then have to give the named defendants the same ten days? Or can the request for default judgment against the named defendants proceed after five days and deal with any additional defendants as they arise?
Its my understanding in the case that defendant one is personally served two days before defendant two, the plaintiff can request a default judgement against D#1 two days before D#2, thus stopping D #1?s ability to fail an answer after five days. A little more work, but not as much work as defending an answer.