Question from Cochino, Can a Commissioner Enter Default Judgment After an Answer?
Answer from AI:
In the United States, the process of handling an unlawful detainer (eviction) case involves several steps, and understanding these can help clarify whether a commissioner can enter a default judgment against you after you’ve filed an answer and a jury trial has been scheduled.
Understanding Default Judgments
A default judgment is typically entered when a defendant fails to respond to a complaint within the required time frame. However, if you have already filed an answer to the unlawful detainer complaint, a default judgment should generally not be entered against you. Here’s why:
- Filing an answer indicates that you are contesting the eviction and participating in the legal process.
- Once an answer is filed, the case should proceed to the next stages, such as pre-trial motions or a trial.
Role of a Commissioner
A commissioner is a judicial officer who can perform many of the same functions as a judge, including making rulings in certain cases. However, their authority can vary by jurisdiction and the specific rules of the court.
When a Commissioner Might Enter a Default Judgment
While it is unusual for a default judgment to be entered after an answer is filed, there are scenarios where procedural issues might lead to such an outcome:
- If the answer was not properly filed or served, the court might not recognize it.
- If there are other procedural defaults, such as failing to appear at a scheduled hearing, the court might consider entering a default judgment.
Scheduled Jury Trial
If a jury trial has been scheduled, it indicates that the court has acknowledged your answer and is preparing to hear the case. This further reduces the likelihood of a default judgment being entered.
Steps to Take
If you are concerned about the possibility of a default judgment, consider the following steps:
- Verify that your answer was properly filed and served according to court rules.
- Check the court’s docket or contact the court clerk to confirm the status of your case.
- Attend all scheduled hearings and comply with any court orders or deadlines.
When to Seek Legal Advice
If you are facing an unlawful detainer action and are unsure about the process or your rights, it is advisable to consult with a legal professional. An attorney can provide personalized advice based on the specifics of your case and jurisdiction.
For more information, you can refer to resources such as the [Legal Information Institute](https://www.law.cornell.edu/) or your local court’s website for guidance on eviction proceedings and court procedures.
Remember, while general information can be helpful, only a qualified attorney can provide legal advice tailored to your situation.
I have done a bit of research at the law library and found this:
An answer with request for jury trial is considered defending and preserving your rights.
The only way to deny your right to a trial by jury is by waiving your right;
a. By signing a waiver
b. by asking to continue the trial to a date within the rules of court and not showing up in that date. Again cross referencing everything is HUGE!