Answer Date Deadlines

As indicated in my Business Plan System, it is always important to stay aware of the answer date deadlines for pending lawsuits. Most jurisdictions allow a defendant between 2 to 4 weeks to file an answer (response) to the court after they have been served the citation (notice of the lawsuit). The citation will indicate the deadline. If they fail to file an answer within the prescribed time, they risk a default judgment being issued against them for the full amount claimed plus additional expenses.

Always ask your new client if they have been served and, if they have, when they were served. Make note of the answer date deadline so you can request an EXTENSION if your negotiations are not completed by that date.

Most creditor attorneys are willing to grant an extension to the answer date if you ask. Getting it in writing is always a good idea but some attorneys may just grant an informal verbal extension. Either way is fine.

If you ever encounter a case where the answer date cannot be extended, be sure to notify your client and recommend they hire an attorney to file an answer on their behalf in time. You will lose a client but it is much better than the alternative of a default judgment.

Scott F. Soape