Ottawa Divorce .com Forums


User CP

New posts

Advertising

  Ottawa Divorce .com Forums > Main Category > Divorce & Family Law

Divorce & Family Law This forum is for discussing any of the legal issues involved in your divorce.

Reply
 
Thread Tools
  #1  
Old 11-17-2021, 11:44 AM
gmcode gmcode is offline
Member
 
Join Date: Aug 2021
Posts: 69
gmcode is on a distinguished road
Exclamation 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!
Reply With Quote
  #2  
Old 11-17-2021, 12:48 PM
rockscan rockscan is offline
Senior Member
 
Join Date: Mar 2014
Posts: 6,967
rockscan will become famous soon enoughrockscan will become famous soon enough
Default

Quote:
Originally Posted by gmcode View Post
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.
Reply With Quote
Reply


Currently Active Users Viewing This Thread: 1 (0 members and 1 guests)
 
Thread Tools

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is On


Similar Threads
Thread Thread Starter Forum Replies Last Post
Custody and Access Decision-Making and the Breastfeeding Child: Cavannah v. Johne WorkingDAD Divorce & Family Law 8 05-03-2011 10:55 AM
Default Hearing Curiosity Kimberley Financial Issues 42 03-16-2011 04:42 PM
Promissory Note - How do you collect? MMMarie Financial Issues 3 11-26-2010 07:40 AM
Motion to Vary Vs. Default hearing! MikeOwenSound Divorce & Family Law 12 10-19-2010 07:32 PM
Promissory Note for Loan PrincessKatie Financial Issues 2 09-04-2006 09:59 PM


All times are GMT -4. The time now is 05:10 PM.