what happens if no response from former employer

[round 1]

What is the name of your state (only U.S. law)? Ca


Hello I'm not able to contact my attorney at this time so I'd like to ask here.. My attorney had my case sent for service and was delivered over 30days ago and today was the deadline for a response.. If they don't respond by the end of today what happens with my case?

 

[Zigner]

What is the name of your state (only U.S. law)? Ca


Hello I'm not able to contact my attorney at this time so I'd like to ask here.. My attorney had my case sent for service and was delivered over 30days ago and today was the deadline for a response.. If they don't respond by the end of today what happens with my case?

Pardon my French, but what the HECK are you talking about?

 

[round 1]

I'm sorry I didn't make myself clear.. I'm suing my old employer for discrimination and the paperwork was serviced.. And today is the deadline for their response which they haven't.. What happens if thay don't?

 

[CourtClerk]

They have until they are defaulted to file a response.

 

[Captain Picard]

ie file for default judgment ... if they answer before the default is ruled upon then the case will continue onward. Discovery can begin at any time.

 

[round 1]

They have until they are defaulted to file a response.

Aren't they in default if they don't respond in the 30day time limit?

 

[round 1]

ie file for default judgment ... if they answer before the default is ruled upon then the case will continue onward. Discovery can begin at any time.

So what's the time limit for a response to default? Sorry for all the questions

 

[CourtClerk]

ie file for default judgment ...

The OP is represented. He can't file for default. His attorney can, but he can't.

 

[CourtClerk]

Aren't they in default if they don't respond in the 30day time limit?

No, they are in default when the court declares a default - after the request is made.

And attorneys NEVER file the request on day 31, unless they don't have anything else to do.

 

[Captain Picard]

The OP is represented. He can't file for default. His attorney can, but he can't.

Yes, yes, yes, yes, yes his attny files for him ..... unless he files an additional appearance (he can do so w/o terminating his consul ~see the clerk if he really wishes to do so -- I would not recommend it)

time for default judgment ~45 days after being filed .... I have never had a problem with my attny filing a motion for default judgment on day 31 .. but some don't like to (think its a waste)

 

[Zigner]

Yes, yes, yes, yes, yes his attny files for him ..... unless he files an additional appearance (he can do so w/o terminating his consul ~see the clerk if he really wishes to do so -- I would not recommend it)

time for default judgment ~45 days after being filed .... I have never had a problem with my attny filing a motion for default judgment on day 31 .. but some don't like to (think its a waste)

Of course, you aren't an attorney

 

[round 1]

Yes, yes, yes, yes, yes his attny files for him ..... unless he files an additional appearance (he can do so w/o terminating his consul ~see the clerk if he really wishes to do so -- I would not recommend it)

time for default judgment ~45 days after being filed .... I have never had a problem with my attny filing a motion for default judgment on day 31 .. but some don't like to (think its a waste)

So what happens after the initial 45 days after motion has been filed?