What paperwork do I need to file to request a default hearing?

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

What paperwork do I need to file to request a default hearing?

I filed a contempt of court petition with the chancery court because my ex-

husband has not honored several parts of the divorce contract. He was served and given 30 days to respond, but he did not respond to the petition. It is my understanding that I can request a default hearing from the judge since he did not reply. The clerks told me that I need to file the correct paperwork for that request but they will not tell me what paperwork I need to file.

Asked on November 7, 2018 under Family Law, Tennessee

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

It may be in your best interest to consult with an attorney in your area for the sole purpose of finding out the procedural rules in your local court.  The correct paperwork is completing a Motion for Default Judgment and an Order Granting Default Judgment and serving the motion on your spouse. You must write the date of service on both documents and file the motion with the court.  It is pursuant to Rule 55 of the Tennessee Rules of Civil Procedure.  Perhaps a trip to a local law library (often inside the courts) and asking for a sample form book will help.  Good luck.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption