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Law suit question

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jame0801
LIF Toddler

Member since 5/11

428 total posts

Name:

Law suit question

If someone is served and have to respond by a certain date, are they able to find a reason (or try to delay) a response to extend the date?

My sibling is suing someone and they were served 2 weeks ago and today is the date they have to give a response..whether they want to settle or go to court I guess..just curious if they HAVE to respond by today or there will be consequences for them since it's a legal document?

Posted 7/27/15 3:54 PM
 
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chilltocam
LIF Adult

Member since 11/11

9141 total posts

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Law suit question

Extending the time to respond is VERY common. Did the person being sued get an attorney, do you know? If they did, it is almost a guarantee that their attorney contacted your sibling's attorney for an extension. And even if they don't yet have an attorney, the penalties for not answering (responding) on time are usually very minimal (if any) unless your sibling's attorney immediately files for a default.

Also, if they were just served 2 weeks ago, it is not likely that the date to respond is today. Depending on how they were served, they would have 20 - 30 days to answer the complaint

Posted 7/27/15 4:37 PM
 

jame0801
LIF Toddler

Member since 5/11

428 total posts

Name:

Law suit question

I'm probably off on when they were served but I know today is the date. The other party already has an attorney. I thought they could ask for an extension. Thank u for clarifying!

Posted 7/27/15 5:11 PM
 

LSP2005
Bunny kisses are so cute!

Member since 5/05

19461 total posts

Name:
L

Re: Law suit question

If attorneys are involved, I.e. Not small claims, then lawsuits are delayed and postponed all of the time. In general, there is a time lime and your sister can ask her attorney for the time line. Just as an FYI, most cases will settle before trial. But what that means is they will have discovery (written questions where your attorney and theirs will answer basic facts about the case, and pass along relevant documents), depositions (where you and someone or a few people are asked questions in an attorney's office in front of a stenographer who will record everything said.) then there may be an expert witness who will examine things, meet with you, and write a report. During this time, the attorney will talk and go to court. Settlement talks can happen at any time. If it is a well publicized case, settlement can be faster, but not always. Some cases settle quickly, and others happen the morning of the trial. The initial trial date does not mean that will be the trial date either. Of course, if it does go to trial there can be appeals too.

Posted 7/28/15 10:45 AM
 

jame0801
LIF Toddler

Member since 5/11

428 total posts

Name:

Re: Law suit question

Posted by LSP2005

If attorneys are involved, I.e. Not small claims, then lawsuits are delayed and postponed all of the time. In general, there is a time lime and your sister can ask her attorney for the time line. Just as an FYI, most cases will settle before trial. But what that means is they will have discovery (written questions where your attorney and theirs will answer basic facts about the case, and pass along relevant documents), depositions (where you and someone or a few people are asked questions in an attorney's office in front of a stenographer who will record everything said.) then there may be an expert witness who will examine things, meet with you, and write a report. During this time, the attorney will talk and go to court. Settlement talks can happen at any time. If it is a well publicized case, settlement can be faster, but not always. Some cases settle quickly, and others happen the morning of the trial. The initial trial date does not mean that will be the trial date either. Of course, if it does go to trial there can be appeals too.


Thank u!

Posted 7/28/15 8:29 PM
 
 

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