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FL-165: Request To Enter Default (California)

The FL-165 Request to Enter Default form is used in California family law cases when one party seeks a court order to establish a parental relationship, and the other party has failed to respond to the initial petition within the legal timeframe.
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Tips for filling out form FL-165

When completing form FL-165, pay special attention to these less obvious sections:

Item 2

Property Declaration

Consider checking the appropriate option regarding attachment of a Property Declaration. If the issues related to child or spousal support are settled, or if there is no property division involved, ensure to note these correctly to avoid unnecessary filings.
Item 3a

No Mailing Required

If you have served the respondent by publication or posting, and their address is unknown, affirmatively mark this option. It's crucial to state that no mailing is required, as otherwise additional steps might be needed to notify the respondent.
Item 5

Nonmilitary Status

Be thorough in verifying the respondent's military status. Inaccurate information can delay the default judgment. Utilize online services to confirm military status, especially if you believe the respondent is not in military service. Make sure to accurately document your sources or interactions confirming this status.

What to do after filing form FL-165

1
Verify that the court has entered the default by checking the court docket or contacting the court clerk for confirmation.
2
Prepare a proposed judgment, such as Judgment (Uniform Parentage—Custody and Support) (form FL-250), if applicable, to submit to the court.
3
Serve a copy of the Request to Enter Default on the respondent if their whereabouts are known and a proof of service has not been filed previously.
4
If the default is entered and there are no unresolved issues, wait for the court to schedule a hearing for finalizing the judgment.
5
If there are contested issues, prepare for a court hearing to address these matters, including gathering necessary evidence and documents.
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