Divorce Judgment Rejection : Prior To Submission Of Judgment Default Must Be Entered
In this article and podcast I am explaining how to correct the issue of having your divorce judgment rejected when you either don’t file the FL-165 or make errors when submitting the request to enter default form.
The exact language of the rejection notice says….
Prior to the submission of the Judgment, the Default must be entered. In the alternative, submit a Judicial Council form FL-130, Appearance, Stipulations and Waivers [revised January 2011] signed by both parties (and their counsel, if any) and include the first appearance fee of $ . Make check payable to L.A.S.C.
Below is the audio and written explanation
Here is how to fix the rejection on the FL-165
Today were talking about one of the reasons your judgment can be rejected. This article is talking about when you turn in your divorce judgment to the court and it is rejected because you did not file the request to enter default form FL 165.
You see when you turn in your divorce judgment and the other party has not responded this becomes what is known as a default case. It is a default case because the other party did not file a response. That is all it means when filing the default.
So to correct this issue if you had your judgment rejected because you did not file the request to enter default all you need to do is resubmit your judgment and then include the request to enter default form.
Make sure when you are filing a request to enter default that you have signed all four places on the form. I see often that people make the mistake of not signing the first line on the first page because they think it says attorney. But that signature line is for you to sign it’s written poorly and it makes it look like it should only be for an attorney but that is for you to sign.
Make sure to have an original and three copies of the request to enter default when you submit this to court with your judgment and don’t forget to include two envelopes each addressed to one of the parties and make sure to put postage on the envelope.
And finally, remember that you cannot submit The request to enter default any sooner than 30 days from the date of service of the petition. If you delete the request to enter default form any sooner than the 30 days from the date the other party was served your request to enter default will be rejected.
