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  1. #1
    devine is offline Junior Member
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    How does a inquest in civil court work?

    What is the name of your state (only U.S. law)? New York, NY

    Hi! Thanks for taking the time. My questions is regarding to inquests. What happens if the plaintiff gets an inquest before the defendant filed an answer with the court? If plaintiff got the inquest with a "courtdate" (inquest hearing) can the defendant do anything to postpone it? What happens if they send an answer to plaintiff and court after the inquest has been takne out by plaintiff? Very grateful for any inlighting about inquest in civil court. Many thanks / Joshua
  2. #2
    HomeGuru is offline Senior Member
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    triplicate post.
  3. #3
    devine is offline Junior Member
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    Sorry about that, I am new to the forum, posted twice at different places..
  4. #4
    LAWMED is offline Member
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    if you send an answer to the complaint after the inquest hearing, after which I assume a default judgment was entered against you, you must file a motion with the court to vacate the judgment. However you must show good cause as to why you failed to answer the complaint if you expect the judgment to be vacated. Simply not answering on time, for no good reason, is not sufficient.
  5. #5
    devine is offline Junior Member
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    To LAWMED

    Hi LAWMED, thanks for your response. In this case, I am the plaintiff and I was able to get an inquest against the defendant who is a large private owned corporation with an external law firm representing them. They failed to answer within the 20 days, so thats why I got the inquest. Since I am not a lawyer I wonder if this is a benefit for me? And I also wonder what happens if they were to file an answer now after I received the inquest, at the courthouse they said that they cant file an answer if I have an inquest. Is that true? For me it seems risky for them to have me one sided at a hearing if they cant be present? But again, I might got this the wrong way. Thanks for any knowledge. // Joshua
  6. #6
    You Are Guilty is offline Senior Member
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    Are you in small claims or civil court?

    Did you personally serve the corporation with your summons & complaint?

    Why do you think they will attempt to file an answer now that the inquest has been scheduled?
    Quote Originally Posted by Tranquility
    Once you get to crazy land, it is only a guess on how to get out.
  7. #7
    devine is offline Junior Member
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    Hi, I am in civil court. No, I did not serve them personally, I had an external part doing that. The procedure so far is "all good" and properly done.

    I dont think they will answer, but I am just curious to know, what happens if they would to answer. Since I have an Inquest date, can they even do that? (answer)

    Thanks / Joshua
  8. #8
    You Are Guilty is offline Senior Member
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    Quote Originally Posted by devine View Post
    Hi, I am in civil court. No, I did not serve them personally, I had an external part doing that. The procedure so far is "all good" and properly done.

    I dont think they will answer, but I am just curious to know, what happens if they would to answer. Since I have an Inquest date, can they even do that? (answer)

    Thanks / Joshua
    By "personally" serve, I meant did your process server physically hand it to them, or did he mail it? The 20 day deadline is only if he handed it directly to an agent of the company. Otherwise, they have 30 days to respond. If you took a default in that 10 day period, that is a valid reason for them to vacate the inquest that is scheduled.

    As far as what would happen on if they file a late answer, it depends on their reason for the lateness and the court. It is possible the court would waive the default, and its equally possible the inquest goes on as scheduled. It's possible the corporation doesn't care and doesn't think you'll win, or maybe thinks even if you win, you can't collect. It's impossible to guess.
    Quote Originally Posted by Tranquility
    Once you get to crazy land, it is only a guess on how to get out.
  9. #9
    devine is offline Junior Member
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    Thanks for answer, He served them in hand and got a notarized copy as proof of serving (the one court gives you). I understand that it is very hard to say what will happen after this, I was just thinking that an inquest would be better for me than having to do a "full" process with answering, witness lists etc. but I know its always hard to say or predict in legal procedures. Many thanks / J
  10. #10
    LAWMED is offline Member
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    So, has the inquest hearing taken place? Once it does and if you obtain a default judgment, then the defendant has to petition the court to vacate as I described previously, IF they want to file an answer. Otherwise, you win. Case closed.
  11. #11
    You Are Guilty is offline Senior Member
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    Quote Originally Posted by LAWMED View Post
    So, has the inquest hearing taken place? Once it does and if you obtain a default judgment, then the defendant has to petition the court to vacate as I described previously, IF they want to file an answer. Otherwise, you win. Case closed.
    Just to clarify a bit - they would have one year from the date of entry of the judgment to vacate. After that time, case closed, you win
    Quote Originally Posted by Tranquility
    Once you get to crazy land, it is only a guess on how to get out.
  12. #12
    devine is offline Junior Member
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    Hi LAWMED

    Quote Originally Posted by LAWMED View Post
    So, has the inquest hearing taken place? Once it does and if you obtain a default judgment, then the defendant has to petition the court to vacate as I described previously, IF they want to file an answer. Otherwise, you win. Case closed.
    No, it has not taken place and today I recieved a loooong answer from their lawyers with a lot of demands to answer to, but I read somewhere that since I got the actual inquest, I dont need to answer them anymore since their time to answer is in default.. Is that correct? Since they answered (even though a late answer) I guess they are serious, and I wonder if I am better of now with the inquest or can they "stop" the inquest from taking place somehow? Thanks for a great reply, I really appreciated it! /J

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