Louisiana Sworn Answer or Response to Petition or Complaint for Child Support
Description
How to fill out Sworn Answer Or Response To Petition Or Complaint For Child Support?
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FAQ
If the defendant fails to answer the plaintiff's claims or fails to appear at the hearing, the judge may, upon the plaintiff's request, hear and decide the case without hearing the defendant's side. This is called a default judgment.
If you serve a defendant and they don't answer at all in 30 days, you can ask for a default judgment. To ask for a default you have to file these forms: Request to Enter Default (Form# CIV-100 ), and. Proof of Service of Summons (Form# POS-010 ), and.
But if it becomes a case of nonsupport due to a parent's refusal, criminal charges may be in order. A parent can be prosecuted and face the following penalties: The first offense for failure to pay a legal child support order is a fine of up to $500 or up to six months in jail, or both.
Failure to Respond: If a defendant fails to answer the complaint or file a motion to dismiss within the time limit set forth in the summons, the defendant is in default. The plaintiff can ask the court clerk to make a note of that fact in the file, a procedure called entry of default.
You Can Lose By Default: If you don't file a response 30 days after you were served, the Plaintiff can file a form called ?Request for Default?. The Plaintiff has to wait 30 days to file this. If the Plaintiff files this form, the Court can enter a judgment against you.
If the plaintiff files and serves a discovery request with his petition, the defendant shall file his answer to the petition within thirty days after service of citation and service of discovery request.
All pleadings shall be taken to the clerk of court's office for filing. Initial filings, including all succession matters and minor's settlements, shall be filed with the clerk, randomly assigned a docket number, and assigned to a section of the court.
By not answering the summons and complaint, a person risks losing their opportunity to contest the claims of the plaintiff and also to make their own claims against the plaintiff. If a person does not answer the complaint and ignores it instead, the plaintiff can then seek a default judgment in court.
