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  #1  
Old 10-15-2009, 07:32 PM
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Defendent does not respond

Washington State
I am taking a neighbor to court next year in an adverse possession case. They do not respond to any of my attorney's notices. They had 20 days to fill out forms to ready us for court and they still do not respond. Their lawyer is frustrated as well....Can they just stall forever so to exhaust us and our funds? I suppose they are trying to outlive us(?). What can we do?
  #2  
Old 10-15-2009, 08:33 PM
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Yes you can seek a default judgment. Your lawyer should know how to do that. Tell him to stop running the clock in the mean time. What's he billin for if the defendant isn't responding to anything?
  #3  
Old 10-15-2009, 08:39 PM
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Location: I don't know. The guys with the keys won't say. I think it's top secret info.
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Quote:
Originally Posted by hjertesproget View Post
Washington State
I am taking a neighbor to court next year in an adverse possession case. They do not respond to any of my attorney's notices. They had 20 days to fill out forms to ready us for court and they still do not respond. Their lawyer is frustrated as well....Can they just stall forever so to exhaust us and our funds? I suppose they are trying to outlive us(?). What can we do?
you may be able to argue for a default judgment but you have to be sure the neighbor has been served properly or, if actual service is not possible, service by publication or some other alternate means of service, if possible in this situation in your area.
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  #4  
Old 10-15-2009, 10:12 PM
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Originally Posted by justalayman View Post
you may be able to argue for a default judgment but you have to be sure the neighbor has been served properly or, if actual service is not possible, service by publication or some other alternate means of service, if possible in this situation in your area.
If they have a lawyer ask whether they are contesting proper service or any such issues.
  #5  
Old 10-19-2009, 02:32 PM
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defendant is being mute

We have served certified letters to their lawyers, etc over the past year. Their client does not respond to anything we do. So my lawyer is filing for a default judgement. What does that mean exactly? My attorney charges by the minute so I hesitate to ask too many questions......
please explain what a default judgement means for me.
  #6  
Old 10-19-2009, 02:52 PM
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A default judgment is one that is made by the judge because the defendant didn't show up for the court action. It's as good as any other judgment, but it can be challenged if the defendant shows reasonable cause (improper service, failure to meet other requirements for the action) that they didn't answer the action.

Generally, at the least the default judgment wakes them up into responding to the action.
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  #7  
Old 10-20-2009, 11:51 AM
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plaintiff speaks!

Finally they speak. All is not lost. thanks for the help. hj
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