4 responses

  1. Roy Taylor
    October 28, 2017

    I filed against the defendant and they had 14 days to respond. The time should start when they were served and I have record from the Sheriff of the service time and the reply time…14 days past by 2-3 hrs. and I filed for default to the Judge ( paid $50.) and he declined default. Can I appeal the Judges decision ? or does the burden of proof shift to the defendant?

    Reply

    • John Watts
      October 28, 2017

      Rod,

      I’m assuming you are talking about in Alabama.

      The judge may have thought the full 14 days in small claims or district court had not yet passed.

      If that time is gone, you may want to consider asking again or you may be coming up on a trial date anyway.

      He could have denied default for some other reason — there was not sufficient proof of service or damages, etc.

      Any number of reasons.

      Normally you would not appeal a denial of a motion for default — instead, you would go to trial.

      You may want to get a collection lawyer to help you in this matter.

      Best wishes

      John Watts

      Reply

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