Failure to File an Answer May Result in a Judgment Against You
Lawsuit & Dispute Lawsuit Lawsuit & Dispute Litigation
Summary: The importance of hiring an Attorney quickly if you have been served with a lawsuit due to time limits to Answer and the potential for a default judgment being obtained against you.
You have been served with a
lawsuit, and you do not know what to do so you wait around hoping that the whole
situation will just go away or you call the Attorney who filed the Complaint
and try to plead your case with them.
Unfortunately, neither approach will actually prevent the case from
proceeding against you. In order to
comply with the court’s rules you need to file an Answer with the Court within the
time period stated on the Summons which was served upon you with the
Complaint.
If you fail to file an Answer
within that time period the party who filed the case against you no longer has to
notify you of any further pleadings which are filed in that case or of hearing
dates within the case. The Court will
also be under the assumption that you are not contesting the case and that you
do not dispute anything which is in the Complaint therefore the Court can grant
a default judgment against you without even hearing your side of the
dispute. After a default judgment has
been entered against you, the party who obtained the judgment is free to
garnish your bank accounts and/or file a wage garnishment with your employer in
order to satisfy the judgment. They can
also start seizing your assets to satisfy the judgment as well. Therefore filing an Answer within the time
period stated on the Summons is very important for your case, and the best way
to make sure you are following all of the Court’s rules is to hire an Attorney
who can make sure everything is done correctly and on time.