Form Fl 165 PDF Details

Processing a Request to Enter Default through form FL-165 in the Superior Court of California stands as a procedural aspect pivotal to advancing a case in the family law domain, particularly when a respondent fails to respond to a petition within a stipulated timeframe. This mechanism enables a petitioner to request the court to recognize the lack of response by entering a default judgment against the respondent. Form FL-165 encompasses several critical components beyond the mere request for default. It necessitates the attachment of financial documents such as the Income and Expense Declaration (FL-150) or the Financial Statement (Simplified) (FL-155), alongside a Property Declaration (FL-160), depending on the case's circumstances. These attachments ensure the court has sufficient information to make informed decisions regarding financial dispositions without the respondent's input. Additionally, the form entails a declaration section where the petitioner affirms that due effort was made to serve the respondent, thus bolstering the legitimacy of the request for default. Moreover, it includes directives for declaring costs and disbursements associated with the case, as well as a mandatory declaration regarding the respondent's nonmilitary status under the Servicemembers Civil Relief Act, ensuring protections are extended to service members as required by law. The structured process outlined by form FL-165 underscores the judicial system's commitment to fairness by emphasizing procedural integrity even in the absence of participation by one party.

QuestionAnswer
Form NameForm Fl 165
Form Length2 pages
Fillable?No
Fillable fields0
Avg. time to fill out30 sec
Other namesfl 165 form, california form 165, form 165, fl 165 request to enter default form

Form Preview Example

FL-165

ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address):

TELEPHONE NO.:

FAX NO. (Optional):

E-MAIL ADDRESS (Optional):

 

ATTORNEY FOR (Name):

 

SUPERIOR COURT OF CALIFORNIA, COUNTY OF

STREET ADDRESS:

MAILING ADDRESS:

CITY AND ZIP CODE:

BRANCH NAME:

PETITIONER:

RESPONDENT:

REQUEST TO ENTER DEFAULT

FOR COURT USE ONLY

CASE NUMBER:

1.To the clerk: Please enter the default of the respondent who has failed to respond to the petition.

2.A completed Income and Expense Declaration (form FL-150) or Financial Statement (Simplified) (form FL-155)

is attached is not attached.

A completed Property Declaration (form FL-160)

 

is attached

 

is not attached

because (check at least one of the following):

 

 

 

 

(a)

 

there have been no changes since the previous filing.

 

 

 

 

 

 

 

 

(b)

 

the issues subject to disposition by the court in this proceeding are the subject of a written agreement.

 

 

 

(c)

 

there are no issues of child, spousal, or partner support or attorney fees and costs subject to determination by the court.

 

 

 

(d)

 

the petition does not request money, property, costs, or attorney fees. (Fam. Code, § 2330.5.)

 

 

 

 

 

(e)

 

there are no issues of division of community property.

 

 

 

 

 

 

 

(f)

 

this is an action to establish parental relationship.

 

 

Date:

(TYPE OR PRINT NAME)

(SIGNATURE OF [ATTORNEY FOR] PETITIONER)

3.Declaration

a.

b.

No mailing is required because service was by publication or posting and the address of the respondent remains unknown. A copy of this Request to Enter Default, including any attachments and an envelope with sufficient postage, was provided to the court clerk, with the envelope addressed as follows (address of the respondent’s attorney or, if none,

the respondent’s last known address):

I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.

Date:

(TYPE OR PRINT NAME)

(SIGNATURE OF DECLARANT)

FOR COURT USE ONLY

Request to Enter Default mailed to the respondent or the respondent’s attorney on (date):

Default entered as requested on (date):

Default not entered. Reason:

 

Clerk, by

 

, Deputy

 

 

 

 

 

 

 

 

 

Page 1 of 2

Form Adopted for Mandatory Use

REQUEST TO ENTER DEFAULT

Code of Civil Procedure, §§ 585, 587;

 

 

Family Code, § 2335.5

Judicial Council of California

(Family Law—Uniform Parentage)

FL-165 [Rev. January 1, 2005]

www.courtinfo.ca.gov

CASE NAME (Last name, first name of each party):

CASE NUMBER:

4.Memorandum of costs

a.

Costs and disbursements are waived.

b. Costs and disbursements are listed as follows:

(1)

 

 

 

Clerk’s fees

$

(2)

 

 

 

Process server’s fees

$

 

 

 

(3)

 

 

 

Other (specify):

$

 

 

 

 

 

........................................................................................................................................

 

 

................................$

 

 

........................................................................................................................................

 

 

$

 

........................................................................................................................................

$

TOTAL

$

c.I am the attorney, agent, or party who claims these costs. To the best of my knowledge and belief, the foregoing items of cost are correct and have been necessarily incurred in this cause or proceeding.

I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.

Date:

(TYPE OR PRINT NAME)

(SIGNATURE OF DECLARANT)

5.Declaration of nonmilitary status. The respondent is not in the military service of the United States as defined in section 511 et seq. of the Servicemembers Civil Relief Act (50 U.S.C. Appen. § 501 et seq.), and is not entitled to the benefits of such act.

I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.

Date:

(TYPE OR PRINT NAME)

(SIGNATURE OF DECLARANT)

FL-165 [Rev. January 1, 2005]

REQUEST TO ENTER DEFAULT

Page 2 of 2

(Family Law—Uniform Parentage)

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Filling out part 1 in fl 165 request to enter default form

2. Just after finishing this step, go on to the next stage and complete the necessary details in these blank fields - is attached, is not attached, A completed Property Declaration, there have been no changes since, Date, TYPE OR PRINT NAME, SIGNATURE OF ATTORNEY FOR, Declaration a b, No mailing is required because, I declare under penalty of perjury, Date, TYPE OR PRINT NAME, SIGNATURE OF DECLARANT, and FOR COURT USE ONLY.

fl 165 request to enter default form writing process shown (stage 2)

3. The next step is generally relatively straightforward, CASE NAME Last name first name of, CASE NUMBER, Memorandum of costs, Costs and disbursements are waived, Costs and disbursements are listed, Clerks fees, Process servers fees, Other specify, TOTAL, I am the attorney agent or party, I declare under penalty of perjury, and Date - all of these fields will have to be filled out here.

Writing part 3 in fl 165 request to enter default form

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4. This particular part comes with these blanks to complete: Date, TYPE OR PRINT NAME, SIGNATURE OF DECLARANT, FL Rev January, REQUEST TO ENTER DEFAULT Family, and Page of.

Part # 4 of completing fl 165 request to enter default form

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