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If defendant fails to reply to summons within 30 day period but reply on the same day I submit a motion for Entry of Default will the defendants reply be valid?
Wiki User
∙ 13y ago
If the defendant does not respond to the suit within 30 days you can get a default judgement. As long as you filed the motion on day 31 or after, your motion will be valid.
Wiki User
∙ 13y ago
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What does state's motion to revoke bond mean?
It means that the state believes that the defendant has violated the conditions of the bond or there is some reason that the state believes that the defendant should be confined while waiting for trial.
Are you in default because you answered the law suit two days late?
Yes, you have probably been found in default. If you wish to contest whatever it is, you will need to file a motion with the Clerk of Court to re-open the matter, and then hope your motion is granted.
What does respondent mean in legal term?
A "respondent" is a party to a lawsuit who files a written response to a pleading seeking affirmative relief by another party. It is generally reserved for a party filing a response to an appeal. The party taking the appeal is the "Appellant" and the responding party is the "Respondent." In less formal instances it can also refer to a party responding to a motion in a trial court matter as well. The term is not used to refer to a party answering an initial summons and complaint.
If Thursday morning sheriff posted a notice to vacate the next Wednesday but we were never served a summons nor mailed a copy of the summons what are our rights?
It means that the landlord filed paperwork with the court that swears you were served with notice of the dispossess proceeding. You now need to get to Court and obtain a stay of eviction until your motion to vacate the default can be heard. Your primary defense is that you were not served. If this is doe to non-payment of rent, you may need to offer an excuse for not paying rent, or prove you have paid the rent. But your main task now is to obtain, in most places, an Order to Show Cause to vacate the default in answering, and get the case back on the calendar. If you ignore the notice, then expect the Sheriff to show up with a bonded mover to put you in the street.
Can a non Defendant or attorney not representing the Defendant answer a complaint?
Generally, there are four ways to deal with a complaint. You can answer it, you can demur to part or all of it, you can move to strike all or portions of it, or you can ignore it. The first three of these options may have different names in different jurisdictions. A demurrer is a motion whereby you argue that all or portions of the complaint do not state a valid cause of action, even assuming that all allegations contained therein are true. A motion to strike seeks to delete portions of a complaint (or all of it) as not in conformance with some law or ruling. If you ignore a complaint, you will likely be subject to a default judgment, which means that the filing party will win all of his or her claims against you as set forth in the complaint. This is only a good way to go if you have no money or assets (or income) that the Plaintiff can collect from. Otherwise - you might as well try to come to a settlement and have the Plaintiff dismiss the Complaint prior to a default being taken. All of these responses presuppose that you have been properly served with the complaint in the first place.
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.
Will municipaliities send second summons to appear in court if you miss first apparence?
In a criminal court you will not receive a second summons to appear, you'll be issued a bench warrant. Should you be stopped by Police for a minor traffic violation and they discover the bench warrant, you're going to be arrested. If this was a summons for a civil case and you're the defendant, the plaintiff may have motioned for a default judgement. You should appeal the default judgement with a reason as to why you did not appear in court on the day your case was to be heard or called. If you were the plaintiff, the defendant can also motion for dismissal with prejudice (that the case cannot come before the courts again), you may also appeal this motion by simply appearing at the motion hearing.
What is motion for judicial default?
A motion for a judicial default, or a default judgment, is bringing a matter to the attention of the court due to the defendant failing to answer or appear to a trial. This judgment will award the complainant what they asked for in their complaint.
Does a defendant have an option to attend his civil court calendar hearing?
A summons/complaint is a notification of sorts. It informs the named person that he or she is a party to a lawsuit. In most circumstances one does not have to appear in court when it relates to a summons only. Although non appearance will most likely result in a default judgment being awarded to the plaintiff(s). If the summons is accompanied by a motion of discovery order, the defendant should file a written response within the time required. The defendant will then be notified of the date for the discovery hearing and the documents that are to be presented. That notice in most state courts will be a subpoena. A subpoena is a DIRECT order from the court and must be obeyed or the non complaint party can be found in contempt, which is not, to put it mildly a good thing.
What does government opposition to defendants motion to withdraw mean?
In plain English: The defendant (the person charged) wants to take back, or retract, something and the government (presumably the prosecutor) does not want them to be allowed to do so.
Can a defendant be added to a pending lawsuit?
Under Georgia law a defendant may be added to a lawsuit within the statute of limitations upon motion to the court. A work-around is for the plaintiff to add "John Doe" place-holder defendants and a defendant may be added b substituting for a John Doe without leave of court.
In a child support case what does it mean with the court has enter a motion of default?
It means that the defendant hasn't shown up in court and the court finds on behalf the plaintiff.
When can you file a motion to compel?
The reason(s) the original summons was not responded to, such as it was never received, the defendant didn't have enough time to respond, and so forth. If the court finds the reasons justifiable on the defendant's behalf then it has the option of vacating the default judgment that was entered against the person/defendant. Be advised, any such claim must be substantiated simply making a statement of the circumstances will NOT qualify as a valid defense.AnswerThe motion is generally called a Motion to Vacate Default. The rules of civil procedure of the jurisdiction will specify any particular procedure for filing it; in all cases, like for all motions, a copy of it has to mailed to the other party or, if represented, to the attorney.As stated above, the motion must state a recognized reason for not having reponded. "I forgot" will not work, but if, for example, the illness of a famility member required your undivided attention, you should set forth all of the facts.You must state that you have a viable and legally recognized factual or legal defense to the suit; the court will not be inclined to vacate the default unless there is something substantive to determine at trial.Finally, it is important that you file the motion before a judgment is entered. It is generally easier to get defaults vacated than default judgments.
How do you apply for a default judgment?
In Florida, when a party against whom action for affirmative relief has been filed (Defendant) fails to file an answer or serve any paper in the action within the time frame permitted by the rules of civil procedure, the party seeking relief (Plaintiff) may have the Clerk of the Court enter a default. The Plaintiff files a Motion for Default with the Clerk and provides a proposed Order. The Clerk will review the file and if it is found no answer was filed by the Defendant, the Clerk will sign the Order entering the Default.
What if defendants request a time extension from the plaintiff in a Civil Action?
Motion for extension of time or motion for enlargement of time
What motion do you use to change the defendant to be the plaintiff and plaintiff to be the defendant?
Counterclaim under FRCP 13.
What is the consequence of plaintiff failure to appear in Virginia district court?
If the defendant fails to appear in a civil court lawsuit, the plaintiff can motion the court for what is known as a default judgement. In laymen terms, they win. If the defendant shows up but the plaintiff did not, they can motion to have the case dismissed with prejudice. This means that the person who sued them cannot bring the same matter back to the courts again.
