Asked in Civil LawsuitsCivil ProcessRoe v. Wade
Roe v. Wade
Pro se Plaintiff having received answer to complaint on summons what is next step plaintiff needs to take?
February 20, 2008 4:35PM
If there are counterclaims, then pro se plaintiff needs to file his own answer. You also want to consider any afformative defenses asserted by the defendant and their merit.
Asked in Civil Lawsuits
Pro Se Defendant serves Answer to Summons and Complaint to Plaintiff what does plaintiff do next?
Asked in Adverse Possession, Civil Cases
What is a good way to structure the Answer to a summons?
Asked in Law & Legal Issues
If a defendant has been improperly named in the summons is there anything else the Plaintiff needs to do other than file a corrected summons and serve it on the defendant within the sixty day period?
Asked in Civil Process
If settling out of court do I still have to answer the summons?
You would not have to answer the summons as long as the plaintiff agrees not to move for entry of a default judgment for you not answering the summons within the appropriate time. Also, if you do reach a settlement be sure that the plaintiff promises to and does dismiss the lawsuit when the money is paid.
Asked in Law & Legal Issues
How do you find out who is sueing you?
You should have received a summons and with that summons is a copy of the plaint. Look at the line marked "Plaintiff", that is the person suing you. You're the defendant, as you must defend yourself against the case (though, in a law, the plaintiff bares the burden of the evidence in both civil & criminal trials, so a "defendant" is a misnomer).
Asked in Law & Legal Issues
What does motion and request for default mean?
A plaintiff starts a lawsuit by filing a complaint and serving the complaint and summons on the defendant (or defendants). If the defendant does not answer the complaint or otherwise respond to the suit, the plaintiff make request a "default judgment." This means, more or less, "the defendant has not responded and the court should therefore grant what I sought in the complaint." Usually, a default judgment will be restricted to the relief sought in the complaint and will be restricted to amounts that are reasonably calculable. For example, say somebody hit you with their car, and you sued for $100,000 in medical bill. If the defendant ignores the lawsuit, the plaintiff will request a default judgment, and the court will likely grant them a $100,000 judgment. The plaintiff will then take the judgment to (most often) the county sheriff's department, which will then seize a defendants property to be sold to pay the judgment; or plaintiff can seek other remedies, like garnishment of wages. Lesson: don't ignore lawsuits. That's how you lose for sure.
Asked in Income Garnishment, Foreclosure, Civil Cases
Do you have to show up in court for a civil summons?
What does an amended writ of summons mean?
A writ of summons is a paper issuing out of a court (writ) which calls upon someone to appear (it summons them). In some jurisdictions, civil actions are started by presenting a writ to the court which is then served upon the defendant. The writ will state the basis in fact and law of the complaint. If for some reason the plaintiff (the person with the complaint, the person who starts the lawsuit) afterwards feels the statement of fact and law is insufficient he can have it changed, or amended. The writ of summons will then become an amended writ of summons.
Asked in Civil Cases
What can happen if a defendant never appears in court after receiving a summons in a civil case?
Where do you file a response to a civil suit?
Asked in Civil Cases, Torts
What happens if you don't appear in a civil suit court case?
If the plaintiff appears and the defendant does not what usually happens is a default judgment is issued in favor of the plaintiff. How the judgment is executed depends upon the laws of the state where the defendant resides. It is not legally required for a defendant in a civil suit to appear unless he or she has received a subpoena as well as or in place of the civil summons.
Asked in Child Support, How To
How to find out if child support papers have been served?
Asked in Civil Cases, Divorce and Marriage Law
What happens when you get sued?
You must appear in court on the day of the hearing and defend yourself against the claim made by the plaintiff. If you can afford one you should be represented by an attorney. The court will hear the evidence and render a decision. If you ignore the summons the plaintiff will win by default and a judgment will be issued against you.
Asked in Debt Collection, Civil Process, Florida
How do you respond to a civil summons?
If a defendant doesn't answer a summons and compliant what next?
Usually the plaintiff moves to enter a default judgment on the complaint. In general, plaintiff will have to prove to the court that proper service of the papers was made on the defendant. In many cases plaintiff may also have to obtain letters from the various armed services branches to prove that the defendant is not away in the military. (This is not as difficult to do as it may sound.) If the court is satisfied that defendant has been properly served and was able to file answering papers but did not, it will let plaintiff prove his/her case either by affidavit or certification or by a proof hearing in court. A complaint is usually not a sworn statement by plaintiff, therefore any allegations in it have not yet been proved under oath. If the complaint is for a debt say on a credit card account, and the defendant defaults in answering the complaint, the credit card company usually has someone prepare an affidavit as to the amount of the debt. This sworn statement is now in evidential form and may be accepted by the court for entry of judgment. Courts will not simply enter a judgment for everything demanded in the complaint unless there is some sworn proofs to back it up. The procedure for this will vary from state to state. The state's laws and court rules must be consulted to find out the exact procedure.
Asked in Foreclosure, Civil Process
When is a complaint and summons usually delivered to your house?
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.
Asked in Civil Process
Can a civil summons be delivered out of jurisdiction?
If by "delivered" you mean served, yes. The summons has to be issued by the Clerk of the Court where the case is pending, directing service on the defendant at a specific address. The Plaintiff then forwards the issued summons to the sheriff's service of process unit, or hires a special process server (sometimes called an "elisor") in the Defendant's locale to effect service of process. If successful, a return of service is sent back to the Plaintiff (or his/her/its attorney) documenting service. The original of the return of service is filed with the court where the case is pending, and the Plaintiff or his/her/its attorney retains a copy. The documentation of service of process is critical to demonstrating that the court has acquired the requisite personal jurisdiction over the Defendant.
Can a judgment be filed against a person without going to court?
A judgment cannot be entered against anyone until due process of law has been followed. The person (plaintiff) seeking restitution must file a lawsuit in the appropriate state court. The person sued (defendant) is then served a summons to appear on the date noted to answer the suit. If the plaintiff does not appear the case is dismissed. If the defendent does not appear the usual procedure is for a default judgment to be entered into the court record in favor of the plaintiff.
Asked in Court Procedure
Can a judgment be filed on you without you going to court?
Yes, if you are served with the summons and complaint and do not file an answer denying the allegations and fail to go to court, plaintiff will be given a chance to prove that a judgment by default should be entered against you. If the proof is adequate, the court will enter judgment against you even though you haven't gone to court.
Asked in Civil Lawsuits, Civil Cases
What can i do if i am defendant but somebody else is to blame and he is not sued?
In that situation you filed what is called a third party complaint against the person you believe is the one truly responsible. At the same time you file your answer you may include the third party complaint. It is possible that at the time you file your answer that you do not know that someone else is responsible. The court will allow you to file a third party complaint within a reasonable time after you learn that someone else is responsible. Then you serve it by summons on the third party in the same way you would serve a complaint if you were simply a plaintiff instead of a third party plaintiff. In many, if not all, courts, if you fail to bring in the third party within the action you are defending before trial, you may be barred from suing the third party even if you lose the case.