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Answer 2 out of 3
 
21 helpful answers

"Stand up for what you believe in, Never give up hope and Have your Voice Heard"

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A:

Normally, a defendant has 30 days to hire an attorney and respond.  Also, it is important to know if he was properly served by a process server.  I am assuming since it has been two years, he has been served.  It doesn't matter if he was aware of the date, there has to be legal documentation showing he was served with the court date.  All court cases are a paper trail.  Proof, Proof, Proof is a must!  Normally, yes there should be a default judgment filed in your case.  The more days that pass from the hearing date, the more in your favor it evolves.  Remember a Motion means movement in that you are requesting for something to be done from the court.  The court will allow him time to respond.  The court will most likely allow him a week or two more time.  I would highly doubt that the court will allow him more than that if he does not respond at all.  It really depends on when he was served.  I would recommend you contact your attorney and request a confirmation of process service that will show he had ample time to appear in court and hire an attorney.  I would then inform your attorney that he/she needs to file a default judgment in your favor along with an Order for the Judge to quickly sign.  This Order will then Order your ex-spouse to vacate such premises as put forth in the Motion.  Good Luck.

 
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