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Does the plaintiff have to wait 30 days from when the defendant was served papers?
Wiki User
∙ 13y ago
The time period before the plaintiff can proceed varies by state, by court and by nature of case. In some states for general lawsuits it can vary from 20 days to 35 or more. The rules of civil procedure for the court in which you file your action will specify the length of time the defendant has to answer the complaint. To get an accurate answer, you'll have to check the rules governing the time within which a defendant has to file an answer.
Wiki User
∙ 13y ago
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How long does it take a creditor to garnish your wages in Maryland after court proceedings?
Once a judgment is issued, the defendant has 60 days to pay it, in most states. After the 60 days your wages will be garnished. It all depends how soon your employer is served the wage garnishment papers.
How many days before you have to appear in court do you have to be served papers?
Yes,
How long do I till I get served divorce papers if I live in the same home but he gave another address?
You are supposed to be served with the divorce papers in less than 90 days.
What does it mean when you receive a SUMMONS?
The summons is the document that officially starts a lawsuit. It must be in a form prescribed by the law governing procedure in the court involved, and it must be properly served on, or delivered to, the defendant. If the prescribed formalities are not observed, the court lacks authority to hear the dispute. In the federal district courts, the summons is prepared by the attorney for the plaintiff and given to the clerk of the court where the case will be heard. When the plaintiff's complaint, setting out his claim, is filed with the court, the clerk signs the summons and gives it and a copy of the complaint to a U.S. marshal or to someone else appointed to serve the papers. Once the summons and complaint are served on the defendant, she must respond to them within twenty days or whatever other time the court allows. Some states follow this same procedure, but other states allow service of the summons and complaint by delivery directly to the defendant. In those states, the lawsuit is considered begun as soon as the defendant receives the papers, even though nothing has yet been filed with a court. Actions commenced in this way are sometimes called "hip pocket" suits
In a quiet title action defendant failed to respond to summon do plaintiff make request for default or is it done be the court after a period of time Default has been over 15 days?
In what state/locality was the quiet title filed?
What were the issues of the case Rylands v Fletcher?
The defendant occupied his land near to where the plaintiff operated a coal mine. Defendant owned a mill and decided to build a reservoir. During the Excavation, the contractor found five long ago abandoned vertical shafts. The contractor failed to repair them. The reservoir was completed and then filled with water. Within days one of the shafts gave way and burst, letting water flow into the plaintiff's mines on the adjoining property.
What happens if defendant' does not answer plaintiff first set of interrogatories request for admissions and request for production of document?
Depending on state laws, you have 30 days to file answers to them, if you fail to do so they can be deemed true and not contested and a judgment against you will be put before a judge.
How long does a plaintiff have to serve a summons?
That depends upon the laws of the state in which the judgment was issued, the least amount of time would be 10 business days from the time the summons was served.
What is the speedy trial right in Texas?
With limited exceptions, a defendant should be brought to trial in Texas within the following time frames:180 days if the defendant is accused of a felony90 days of the defendant is accused of a misdemeanorpunishable by imprisonment for more than 180 days60 days if the defendant is accused of a misdemeanor punishable by imprisonment of 180 days or less, or punishable by a fine onlyA felony is a crime usually punishable by imprisonment for more than one year. A misdemeanor, on the other hand, is usually punishable by a fine or a year or less of incarceration.
How many days to answer a complaint in civil court in California?
20 Days from Service (not filing); 21 days from Service if to Answer. - Federal Rules of Civil Procedure (Fed. Civ.Proc.)Rule 12(a)(1)(A)(1) which provides: 1)In General.Unless another time is specified by this rule or a federal statute, the time for serving a responsive pleading is as follows:(A) A defendant must serve an answer:(i) within 21 days after being served with the summons and complaint.
What happens when you don't respond to a divorce summons in the 20 days a lotted?
Two things to know. First, if a person does not answer the summons and complaint in the time allotted, the court will let the plaintiff proceed with the case pretty much as if the defendant agrees with all the allegations and demands made in the complaint. The plaintiff will have to prove that service of the summons was made properly just so the court is sure that the failure to answer is not just because the defendant does not know about it. The court will schedule a proof hearing at which time the plaintiff will testify to the truthfulness of the allegations of the complaint. If the court is satisfied the allegations are true, it will enter a default judgment granting the plaintiff's demands as long as those demands are supported by the facts. Second, the court will not cut off a defendant from filing an answer just because the 20 day period has expired. All courts have rules that permit filing a late Answer provided there is some reasonable reason for the lateness. Plaintiffs's lawyers know that courts will allow late answers very liberally, so much so that they usually consent to a late answer without making the defendant ask the court to be allowed to file late.
How long do you have to serve your husband divorce papers?
It depends on your process server. Once you give the papers to the county sheriff or a process server to be served, they will have to locate your wife and serve her the papers. Contact your process server to see if your papers have been served. If you are representing yourself, you can serve the papers to her personally, as long as the original paperwork has been filed with the local county court. If you are represented by counsel, I suggest you ask the attorney representing your interests.
