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-   -   Note in Default ? (https://www.ottawadivorce.com/forum/showthread.php?t=23781)

gmcode 11-17-2021 11:44 AM

Note in Default ?
 
my ex filed the application at court in July, but no court date. The opposing lawyer sent an email to my lawyer saying wants two parties to negotiate a settlement, give consent to late filing the answer until after the negotiation proves failed. So I have not filed the answer yet and started to draft a counter offer with my lawyer. As my lawyer is on limited scope, there is some delay till recently was almost done and going to send out to them. The opposing lawyer sent another one email giving a two week deadline to file the answer, otherwise will note me in default.

My question is, in such a situation when I am still working on the settlement agreement they have offered, can they note me in default although I haven't filed the answer yet because they gave consent for late filing. What can I do next if they do note be in default, will their default request be granted by the court without me? And I have to appeal the default judgement?

Thank you very much!

rockscan 11-17-2021 12:48 PM

Quote:

Originally Posted by gmcode (Post 248182)
my ex filed the application at court in July, but no court date. The opposing lawyer sent an email to my lawyer saying wants two parties to negotiate a settlement, give consent to late filing the answer until after the negotiation proves failed. So I have not filed the answer yet and started to draft a counter offer with my lawyer. As my lawyer is on limited scope, there is some delay till recently was almost done and going to send out to them. The opposing lawyer sent another one email giving a two week deadline to file the answer, otherwise will note me in default.

My question is, in such a situation when I am still working on the settlement agreement they have offered, can they note me in default although I haven't filed the answer yet because they gave consent for late filing. What can I do next if they do note be in default, will their default request be granted by the court without me? And I have to appeal the default judgement?

Thank you very much!


If there is no date for court then you arent late. Plus a judge would want you to negotiate before seeking court.

I could be wrong though but I would let them know you are reviewing an will be prepared to put forward your revisions shortly. More than likely they are trying to pressure you into a decision.


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