I filed for motion for entry of default on the defendant and it was denied. Not sure how to get this done properly.

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The Federal Judge said I did not file a return of service to Defendant as of the date of this Order. The motion I filed was written by me which I believed had all of the pertinent information. I thought I was suppose to file an entry for default first, after being approved by the judge, then file for entry for default judgement, which I would had to provide proof of service then. I found an online Notice of Motion form which is a little confusing to me, at least this portion: Please take notice that on ( ) at ( ) or as soon thereafter as I may be heard, I shall appear before the Honorable Judge ( ). It seems like I need to get a date from the court first, put it on this form, get a process server to give it to the defendant, then file for the motion of default entry?

Attorney Answers

2
Tara Goodwin ·
The return of service is the proof you receive from the process server that proves the defendant was served with the complaint. The plaintiff is required to file it in federal court. It sounds like the judge is saying you never filed it.
0 upvotes
Thomas Moens ·
Basically, the judge is saying that there is no proof in the court file that the defendant was served. Federal court is not the place to learn to practice law. You may want to consider hiring an attorney.
0 upvotes

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