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Michigan civil case question about basic procedure.


jsonnebe
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Hello all,

 

Thanks in advance to all those who help.  You are appreciated.

 

Am I allowed to ask a question that isn't debt collection related?  If not, I do apologize and feel free to delete this post.  Here is my question:

 

1.  I attempted to sue a corporation in a Michigan district court.  The defendant was never properly served but the summons is still valid.

2.  The corporation I wanted to sue then turned around and filed a small claims suit against me.

3.  I was properly served, made a successful request to have the case moved into district court, filed an answer to the complaint listed on the small claims paperwork, included my affirmative defenses in my answer, and included with my answer a counterclaim.  My counterclaim was clearly labeled as such and noted that a responsive pleading was required.

4.  I mailed a copy of my answer and counterclaim to the company (no lawyer yet) on September 14.  It was delivered on Sept. 18 Certified mail, return receipt requested.  The court received their copy on Sept. 16.

 

I believe the company has 21 days to file an answer to my counterclaim.  When does the 21 day clock start?

 

There is a pre-trial scheduled for Oct. 5.  I plan to keep my mouth shut about the company not filing an answer.  Will the magistrate presiding over the hearing say anything?  Can we even hold a pre trial without a filed answer?

 

Any thoughts would be welcomed.  Thanks in advance for your time!

 

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They have the allotted time to answer from when they were served.  So what ever date it was in their hands, the clock starts there.  Pre-trials are nothing more than a meeting of the minds, questions as to weather you can settle this, big issues, set dates such as discovery dates, motions, and trial.  If they fail to answer in their allotted time, you would need to motion for a default judgement.

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