FAQ-What Happens when They Don’t Answer the Complaint?

Watch the video to find out what happens when the Defendant fails to answer the complaint
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[@lisamuller8545]

Spit it out 😂😂

[@pammckethan5676]

if a person defaults on answering to a complaint in georgia and then the complaint is amended does the amended complaint take the complaint out of default

[@Miamillions]

If a case has multiple defendants (let’s use four as an example) but only one responds can you still file for a default judgement ?

[@jdelawfirm8388]

You can file for a default against the remaining 3. The Judge most likely won't apportion the monetary damages until after you get a result against the answering member though.

[@Fallynblack776]

what if the default judgement was granted and the defendant has to pay? Can they still fight it. what's the point of the default if it can be vacated.

[@jdelawfirm8388]

In NY a default Judgment can be vacated by motion within 1 year of the default being granted if the Defendant can show that 1. they have a reasonable excuse for the default and 2. they have a meritorious defense to the claims against them.

[@SouthAh]

So basically there is no winning, because someone can simply wait until the end, then come and interrupt everything by questioning the judgment, & then delay some more, in which case the complaint will be losing more money. It seems like the court system favors defendants more than anything

[@brianaolmos1537]

What happens if the won the lawsuit but the company you sued does not answer and you are unable to find this company. Also, their license is suspended.

[@BwadeReacts]

I filed a complaint against two defendants one filed for bankruptcy the other is completely silent

[@jdelawfirm8388]

Depending on your Causes of Action, the Bankruptcy case may stop collection against that person. You would want to consult a bankruptcy attorney to see if you have any rights in the Bankruptcy case. If the other person is not answering, you can move for a default judgment. Just make sure to follow the rules of your locality in doing so.

[@crazyudown1317]

Don’t you have to be notified if the other party filed bankruptcy?

[@jdelawfirm8388]

Generally Yes

[@crazyudown1317]

@@jdelawfirm8388 ahh perfect, my party defaulted no answer judge is calling for a case mandatory management meeting as well so hopefully this means they’re now legally obligated

[@crazyudown1317]

I have not been notified at all

[@Diamond-gv7xw]

I am the Plaintiff in a civil suit with regards to an auto accident. The defendants attorney sent the court a Defendants Initial Disclosure Statement. How should I respond to it?

[@jdelawfirm8388]

I do not practice personal injury. I am not sure my states even have those. Sorry.

[@besmart2350]

'I file a motion for a default judgement' do you mean summary judgement? are those the same sh*t?

[@jesseeisenberg5828]

No. Default is when they fail to appear. Summary Judgment is after they appear, usually after discovery, to say that as a matter of law and on the facts I should win.

[@besmart2350]

@@jesseeisenberg5828 wow thank you. didn't expect you to respond so quickly. usually old videos of lawyers are basically dead and abandoned channels

[@tua19441]

what if a default judgment is denied by the court and a defendant hasn't responded, does this mean the case if rule in favor of the denial or does the defendant still need to respond?

[@jdelawfirm8388]

What was the reason for the denial? Was the denial given with a right to reapply for the default?

[@Bokey-l8c]

I filed a complaint the defendents did not respond in 30 days then two months later they write a letter of dismissal to the judge on the case how will this look to the judge

[@jdelawfirm8388]

You can always write that it is not timely. But I don't know the specific laws of your area.

[@brooklyn718941]

What happens if you would never served the complaint?

[@tjaydagreat]

Then they can't sue you

[@ChewChew134]

What happens if they totally ignore your affidavits?

[@jdelawfirm8388]

What kind of Affidavits? of Service? Move for a default Judgment

[@ChewChew134]

@@jdelawfirm8388 move for default judgment based on rule 55?

[@jdelawfirm8388]

@@ChewChew134 Only if your case is in Federal Court

[@ChewChew134]

@@jdelawfirm8388 got a question why do attorneys hate plaintiffs that file a bill of complaint in equity?

[@jdelawfirm8388]

You are going to have to break that down for me. Where I practice law, we don't use the term bill of complaint in equity.@@ChewChew134