Summary
Filing a motion to delay judgment until the statutory 14-day period for the defendant to file an answer is crucial to ensure due process. In Kansas, entering judgment before this period violates legal rights, especially if the defendant faces duress and procedural irregularities. The court must allow the defendant the required time to respond, particularly when the case involves complexities like incorrect plaintiff information and potential procedural errors.Full Conversation
Please add that entering judgment prior to May *, *, the date Defendant is required to file and answer would be a violation of due process and court is without authority to enter judgment until Defendant has been allowed 14 days following her entering a plea as required by Kansas statute, and court is without discretion to enter a judgment without Defendant being allowed the time statute requires in which to file an answer.
Sure, here's the added statement for your motion:
"Entering judgment prior to May *, *, the date Defendant is required to file an answer, would be a violation of due process. The court is without authority to enter judgment until Defendant has been allowed 14 days following her entering a plea, as required by Kansas statute. The court lacks discretion to enter a judgment without Defendant being allowed the time statute requires in which to file an answer."
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Also add defendant has experienced an unexpected tragedy, leaving her in extreme duress and complicating her ability to defend against this action of which she asserts is without merit or legal standing, and with savings that are filed with names of people she was not known has never heard of, and with each of the pleadings indicating different plaintiffs, not in compliance with requirements of KSA *-*, not providing an address of whichever person the plaintiff is, and not using her legal name, and designated as a name different than any she has ever used, and the possible plaintiff being her former husband, alarhout none of the pleadings contain his legal name nor a name he has used legally, and the involves former husbands non compliance with a judgment that is void ab initio, it would be a violation of due process, unfair and unjust, and create a judgment that is void if the court enters judgment at this time
Sure, here's the updated statement for your motion:
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"Entering judgment prior to May *, *, the date Defendant is required to file an answer, would be a violation of due process. The court is without authority to enter judgment until Defendant has been allowed 14 days following her entering a plea, as required by Kansas statute. The court lacks discretion to enter a judgment without Defendant being allowed the time statute requires in which to file an answer.
Additionally, Defendant has experienced an unexpected tragedy, leaving her in extreme duress and complicating her ability to defend against this action, which she asserts is without merit or legal standing. The filings contain names of individuals unknown to her, with each pleading indicating different plaintiffs, not in compliance with KSA *-*, and failing to provide an address for the plaintiff. The pleadings do not use her legal name and are designated with a name she has never used. The potential plaintiff is her former husband, yet none of the pleadings contain his legal name or a name he has used legally. This issue involves the former husband's non-compliance with a judgment that is void ab initio. Entering judgment at this time would violate due process, be unfair and unjust, and create a judgment that is void."
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