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
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.
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.
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
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.
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
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 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
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?
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.
Spit it out 😂😂
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
I filed a complaint against two defendants one filed for bankruptcy the other is completely silent
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.
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.
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.
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
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.
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
You can always write that it is not timely. But I don't know the specific laws of your area.
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?
What was the reason for the denial? Was the denial given with a right to reapply for the default?
Don’t you have to be notified if the other party filed bankruptcy?
Generally Yes
@@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
I have not been notified at all
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?
I do not practice personal injury. I am not sure my states even have those. Sorry.
What happens if you would never served the complaint?
Then they can't sue you
What happens if they totally ignore your affidavits?
What kind of Affidavits? of Service? Move for a default Judgment
@@jdelawfirm8388 move for default judgment based on rule 55?
@@ChewChew134 Only if your case is in Federal Court
@@jdelawfirm8388 got a question why do attorneys hate plaintiffs that file a bill of complaint in equity?
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
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 ?
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.