Not filing a response or a motion withing 21 days

[Sheri Meligui]

Jurisdiction

New York

I have filed a complaint in a district court on July 8 2019. Defendants were served with summons and complaint on August 1, 2019. It is stated on the Summons that they must answer or file a motion within 21 days or they may face a default of judgement. on August 26 an attorney appeared and asked through a Request Letter the Magistrate Judge for extension to respond until September 23, 2019, which is after the 21 days has passed stating that he is busy with other motions that are due within the next few days and week and he would like to contemplate the case and discuss with his clients (defendants) and the extension was approved by the Judge. Do I have the right to file for default of judgment? or should I just wait until they respond.

 

[Tax Counsel]

...and the extension was approved by the Judge. Do I have the right to file for default of judgment? or should I just wait until they respond.

The extension the defendant's attorney asked for was granted. You now need to wait until the the extended time the court granted runs out before you move for a default judgment. If the defendant responds in the time the court granted then you won't get a default judgment. In that case you'll have to litigate your case and prove your claim to the court.

 

[Sheri Meligui]

The extension the defendant's attorney asked for was granted. You now need to wait until the the extended time the court granted runs out before you move for a default judgment. If the defendant responds in the time the court granted then you won't get a default judgment. In that case you'll have to litigate your case and prove your claim to the court.

Thank you so much for your help

 

[zddoodah]

Do I have the right to file for default of judgment? or should I just wait until they respond.

You can file anything you like. However, since the court approved the defendant's request for an extension, you'd obviously be wasting your time. It's also worth noting that today is Sept. 23, and you started this thread two days earlier, on a Saturday. Were you thinking that you might file something on Sunday and have the court act on it first thing this morning?

Also note that courts like to resolve cases on their merits and aren't fond of defaults.