Answering the FAQ of What Happens if they Fail to Answer the Complaint
frequently get asked “What Happens if they Don’t Answer the Complaint?”
process is as follows: First I file the Summons and Complaint with the Court.
have my process server serve the Defendant(s) with the Summons and Complaint. If they Defendant is a business, I always file through the Secretary of State so that the Defendant cannot argue they
were not served properly.
that, the Defendant has 20-30 days to answer the complaint.
Defendant does not appear and answer the complaint, I mail a second copy to the Defendant(s).
Defendant still doesn’t answer the complaint, I make a motion for a default judgment.
the Defendant will show up at this point and I will withdraw the motion.
Defendant does not show up and the motion for a default judgment is granted, then one of three things can happen.
are able to prove how much the defendant owes you and the judge grants you that amount at the motion for a default judgment. Then, you try to collect from Defendant.
a trial, called an inquest, where you have to prove how much you are owed and that the defendant(s) is the one that owes you the money and why. Then, you try to collect from the
Defendant decides to show up and you have to vacate the default judgment order or the Defendant makes a motion to vacate the default judgment order. The judge will grant a vacate order 90 percent
of the time as long as not enough time has passed that it will prejudice the case.
thing for any case is the Defendant appears. Chasing the Defendant’s assets is never easy, and it is time-consuming.
that answers your question.
for reading, my business is to protect your business!
Watch the video above to learn more .
I would love
to talk more about your business. Click
hereto schedule a
time to talk.