CliftonParkGMan
Junior Member
So If a defendant doesn't answer a lawsuit on time or at all the Plaintiff can get a Default Judgement.
But if the defendant files an answer and the Plaintiff can sit on that answer and file RJI whenever they want
That seems insane. This would allow a Plaintiff to effectively toll the SOL and at a time over 7 1/2 years later when the defendant sees the C/O debt drop off of the CR. They could then in theory file an RJI and attempt to get a Default Judgement.
The reason I ask is because I am in that situation. Debt out of SOL and months from coming off of CR. Plaintiff filed a case in 2013 in New York. Answer Filed and no communication since then. Moved across the country in 2015 for work. Theoretically if they do not have current address they can appeal for attempted service but can't find defendant, a case can be put on calendar and default judgement can happen without the defendant even knowing.
I guess I am not relegated to regularly monitor eCourts. Tough part is because I filed an answer and did not bring up jurisdiction in my answer am I still precluded in doing so now. I live thousands of miles from NY now.
I don't understand how their are two sets of rules when it comes to time limits - one for plaintiffs and one for defendants. Sholdn't be surprised because these lawyers have lobbyists who write the laws and the regular people do not.
But if the defendant files an answer and the Plaintiff can sit on that answer and file RJI whenever they want
That seems insane. This would allow a Plaintiff to effectively toll the SOL and at a time over 7 1/2 years later when the defendant sees the C/O debt drop off of the CR. They could then in theory file an RJI and attempt to get a Default Judgement.The reason I ask is because I am in that situation. Debt out of SOL and months from coming off of CR. Plaintiff filed a case in 2013 in New York. Answer Filed and no communication since then. Moved across the country in 2015 for work. Theoretically if they do not have current address they can appeal for attempted service but can't find defendant, a case can be put on calendar and default judgement can happen without the defendant even knowing.
I guess I am not relegated to regularly monitor eCourts. Tough part is because I filed an answer and did not bring up jurisdiction in my answer am I still precluded in doing so now. I live thousands of miles from NY now.
I don't understand how their are two sets of rules when it comes to time limits - one for plaintiffs and one for defendants. Sholdn't be surprised because these lawyers have lobbyists who write the laws and the regular people do not.
