FightingBack Posted April 4, 2009 Report Share Posted April 4, 2009 I filed suit against my credit card company in Massachusetts District Court. There are 4 more days for them to file an answer according to our rules of evidence. If they fail to answer should I file a Motion for Default Judgment on the 21st day, or would the court expect me to give them a few extra days? How should I respond if they request more time in the 11th hour? I just want to know if I should have this motion drafted and ready to run… Link to comment Share on other sites More sharing options...
merrybucks Posted April 4, 2009 Report Share Posted April 4, 2009 should I file a Motion for Default Judgment on the 21st day,Is this the 21st day since you filed or the 21st day since they were served? Link to comment Share on other sites More sharing options...
FightingBack Posted April 5, 2009 Author Report Share Posted April 5, 2009 The 21st day after they were served, not counting the day they were served. I'm just not sure if the courts expect a grace period. Also, if they fail to answer in time are they deemed admitted, like admissions? Link to comment Share on other sites More sharing options...
merrybucks Posted April 5, 2009 Report Share Posted April 5, 2009 I would file an MSJ on day 21. Link to comment Share on other sites More sharing options...
FightingBack Posted April 5, 2009 Author Report Share Posted April 5, 2009 Thanks for writing back. Motion for Summary Judgement, not Motion for Default Judgement? Link to comment Share on other sites More sharing options...
merrybucks Posted April 6, 2009 Report Share Posted April 6, 2009 Motion for Summary Judgement, not Motion for Default Judgement?Your motion would be for summary judgment. You are asking the judge to make a decision based on the facts that have been presented. By failing to answer your facts are the only ones he will use to decide the case. Link to comment Share on other sites More sharing options...
nascar Posted April 6, 2009 Report Share Posted April 6, 2009 I filed suit against my credit card company in Massachusetts District Court. There are 4 more days for them to file an answer according to our rules of evidence. If they fail to answer should I file a Motion for Default Judgment on the 21st day, or would the court expect me to give them a few extra days? How should I respond if they request more time in the 11th hour? I just want to know if I should have this motion drafted and ready to run…Often, the other party will wait until the last minute to file an answer or to ask for more time, so don't be too surprised if/when that happens. You'll want to check your local Rules to be sure how to proceed next. Some jurisdictions will allow the clerk to issue a default; in many cases, you'll have to file a motion for default and set a hearing. Again, depending upon your local rules, you may or may not have to provide the other side with a Notice of Hearing.In either case, you'll be moving for a Default Judgment. Link to comment Share on other sites More sharing options...
KentWA Posted April 6, 2009 Report Share Posted April 6, 2009 One more thing some courts require is Notice of Default served on the opposing party before you can request a default. Link to comment Share on other sites More sharing options...
FightingBack Posted April 10, 2009 Author Report Share Posted April 10, 2009 Wow, the 20 days came and went. Day 21 was today, still no Answer. After a bit of research I downloaded a form for Summary Judgement and filed it with the Clerk today. She told me I didn't need a hearing - I will receive the default judgement by mail!I'm a little concerned that the form didn't include information about treble damages, but it was included in my complaint. I guess I'll wait to see what the judgement says. (And see if there's some late answer in the works.)Thank you so much to everyone who provides information on this site! I couldn't have done it without you! Link to comment Share on other sites More sharing options...
Recommended Posts