What to do if the court returned a default entry request due to incomplete summons and proof of service?

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What to do if the court returned a default entry request due to incomplete summons and proof of service?

Do I need to re-submit the summons to my soon-to-be ex-wife with a new summons (and new proof of service) which means the 6 month wait starts with the current date or can I fill in the incomplete portion of the original summons (sent 4 months ago) and file that with the courts for default judgment? We both have agreed to the divorce and property division so no outstanding issues.

Asked on August 18, 2012 under Family Law, California

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

If the court clerk returned the request for an entry of default in the matter you submitted due to the incomplete summons and proof of service, you need to rectify the problem so that the default can be entered. If the summons is defective a new summons needs to be issued where the summons and petition needs to be served on your soon to be ex wife to start the time period to answer the pleadings all over again.


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