What happens after filing an answer to a summons?

What happens after filing an answer to a summons?

WHAT HAPPENS AFTER I FILE MY ANSWER? Your Answer will go into the court’s file. You have to keep one copy and send a copy of it to the attorney on the other side. The Clerk will then give you a date to come back to court or tell you that you will get a date in the mail.

What happens after defendant files an answer?

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.

What does it mean to file an answer in court?

Filing your answer means, take your answer to the court, give it to the clerk. The clerk will stamp it the answer with the date and time. You must file your answer in the same court that is on the Complaint.

How long does a defendant have to file an answer?

60 days
(1937) Rules 109–111. 2. U.S.C., Title 28, §763 [now 547] (Petition in action against United States; service; appearance by district attorney) provides that the United States as a defendant shall have 60 days within which to answer or otherwise defend.

What happens if defendant does not respond?

If the defendant does not reply to your claim, you can ask the court to enter judgment ‘by default’ (that is, make an order that the defendant pay you the amount you have claimed because no reply has been received). Until the court receives your request to enter judgment, the defendant can still reply to your claim.

What happens if I don’t respond to a lawsuit?

A default judgment is a judgment made against you without a case being heard in court, because you did not respond to the statement of claim. Depending on what the plaintiff is claiming, the judgment will say that you must pay the plaintiff an amount of money. The default judgment will appear on your credit record.

How long does a money claim take?

A small claim can take as little as 6 weeks if it is undefended and you pro-actively support the small track procedure. However you can expect it to take up to 6 months if your claim is disputed and a hearing is required.

What happens if you don’t respond to discovery?

Discovery may involve a series of questions you have to answer, documents you must produce, or admissions you will be asked to make agreeing that you owe the money. If you do not answer the discovery requests on time, the court can order you to pay money to the plaintiff as a sanction (penalty).

What happens after you file an answer with the court?

After you file an answer with the court The court clerk will give or mail you a court date for you and the plaintiff to come back to court. This will probably be for a Case Management Conference or a Pre-Trial Hearing. If you do not get a date 30 days after you have filed your answer, call the clerk’s office at your court.

When to file a motion to dismiss or answer in court?

Like many things in life, it depends. The answer to this questions depends on the type of case and the court. Usually, motions to dismiss are filed shortly after receiving the Complaint and before discovery has begun. Defendants typically file a motion to dismiss instead of an Answer, hoping to knock out the Complaint.

How do I get a court date for my answer?

The court clerk will give or mail you a court date for you and the plaintiff to come back to court. This will probably be for a Case Management Conference or a Pre-Trial Hearing. If you do not get a date 30 days after you have filed your answer, call the clerk’s office at your court. Ask them for the date.

What does it mean to answer a complaint in court?

Answer From the Defendant(s) Once a Complaint is filed against a Defendant or Defendants, each is required to answer the Complaint, which usually means to file a form response to all of the statements or allegations in the Complaint.