Quick Answer: What Happens After I File An Answer?

What happens after you file a motion?

When you file your motion, the court clerk will insert the date, time, and place of the hearing on your motion.

You must then “serve” (mail) a copy of your filed motion (including all exhibits and the date, time, and place of hearing) to all other parties in the case..

Can you be served at night?

Process Servers must follow their own state’s statutes when serving documents. In some states (e.g. Florida), papers cannot be served on Sundays or holidays. In others (e.g. California), some papers cannot be served after a certain time of day (e.g. after 8:00pm).

Can someone sue you without serving you?

No it is NOT legal to be sued without notice. When someone is sued, they have to be served with the Summons and Complaint. … Even if not served by publication, if you can prove you were not served (e.g., you were out of state on the date they claim they personally served you), you can get the judgment set aside.

How long do you have to file an answer?

30 daysYou are called the defendant. Generally, you have 30 days AFTER the date you are served to file a response with the court. The 30 days include weekend days and court holidays.

How do you find out if you have a lawsuit against you?

Here’s how to find out if someone is suing you.Contact Your County Clerk’s Office. Your County Clerk’s office should be the first place you stop if you believe you are being sued. … Try Going Directly to the Court. … Try Searching For Information Online. … Check PACER.

How long does a judge have to answer a motion?

Any party may file a response to a motion; Rule 27(a)(2) governs its contents. The response must be filed within 10 days after service of the motion unless the court shortens or extends the time.

What happens if you have a judgment against you?

A judgment is a court order that is the decision in a lawsuit. If a judgment is entered against you, a debt collector will have stronger tools, like garnishment, to collect the debt. … In debt collection lawsuits, the judge may award the creditor or debt collector a judgment against you.

Can I sue a creditor?

Harassment Tactics by Bill Collectors Debt can follow you if it’s not paid or somehow resolved. Therefore, a creditor, or debt collector, can absolutely sue a consumer who owes them money. If a creditor wins judgment against you, it can be to garnish wages and can prevent you from owning or purchasing real estate.

What does filing an answer mean?

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.

Can you be notified of a lawsuit by phone?

If you’re really being called to court, you”ll get a notice via the U.S. Postal Service or through a process server. Real court officials won’t call you on the phone, either. So if you’re being summoned by these suspicious means, you can be sure it’s a scam.

What colors are best to wear to court?

The best color to wear to court for men and women is either dark blue or dark gray, since these colors are formal, professional, and neutral.

How do you ask a judge to dismiss a case?

If you file an lawsuit and you decide you do not want to move forward, you can ask the court to dismiss the case….Fill out your court forms. … File your forms at the courthouse where you filed your case. … Serve the other side with a copy of the dismissal papers.More items…

Can a judge refuse to hear a motion?

Hearing on a motion is Motion Hearing. A Motion is a request asking a judge to issue a ruling or order on a legal matter. Once a judge receives a motion, he or she can grant or deny the motion based on its contents. …

What happens after a defendant filed an answer?

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 judge will grant or deny the motion, and the case will either be dismissed or continue and the defendant will answer the complaint.

How long does it take for a lawyer to respond?

2 weeks is a while. Most lawyers try to respond much more quickly. I would say that you should follow up with an email and or a phone call, sometimes phone calls are better…