What paperwork do I need to file to request a default hearing?
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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 6 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.
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