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Failure to Respond: If a defendant fails to answer the complaint or file a motion to dismiss within the time limit set forth in the summons, the defendant is in default. The plaintiff can ask the court clerk to make a note of that fact in the file, a procedure called entry of default.
Defend yourself in court; File a cross claim, counter claim or third party claim; Assert that the Writ of Summons was not served properly; or. Simply ignore the debt collection case.
(a) A defendant may file an answer with the reviewing official and the Office of Hearings and Appeals within 30 days of service of the complaint. An answer will be considered a request for an oral hearing.
What happens if the defendant does not respond to the complaint? Failure to serve an answer in a timely manner will result in a default judgment in favor of the plaintiff. Stated differently, the defendant will automatically lose as a result of his inaction.
A defendant may respond in an answer that admits or denies each of the plaintiff's allegations in the complaint. The answer will list defenses and counter-claims or cross-claims against the plaintiff or other defendants. The answer will state whether the defendant wants a jury trial. The case will then continue.
Although it might be tempting to ignore a summons and complaint, ignoring a lawsuit does not make it go away. And it could result in the court awarding a money judgment against you by default. That can lead to your wages being garnished, your bank accounts attached, or your property being taken!
An answer is filed by the defendant after s/he has been served with a copy of the complaint. If you have been served with a summons and complaint, you have twenty-one (21) days to file an answer. The United States government, its agencies, and employees have sixty (60) days to file an answer.
An answer is filed by the defendant after s/he has been served with a copy of the complaint. If you have been served with a summons and complaint, you have twenty-one (21) days to file an answer. The United States government, its agencies, and employees have sixty (60) days to file an answer.
An order of default is a court order saying that one party (usually the plaintiff) has won the case, and the defendant has lost, because the defendant did not participate in the case.