Failure to File an Answer May Result in a Judgment 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.

© Ron Reemsnyder 2018.


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