• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Replying after being served

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

jshort1606

Junior Member
What is the name of your state? Ar
When they have 20 days to reply from the day they were served is the day they were served considered one or would the next day be considered the 1st day?
 


lwpat

Senior Member
Ask the clerk for the day of default and what procedures you need to follow to get a default judgment.
 

dcatz

Senior Member
This is a Small Claims forum. If the OP is questioning something about a SC case, he/she is going to have to appear in court on the hearing date to get a default, regardless of the date of service. If the question pertains to a case in SC or a higher court, the clerk is going to be prohibited from saying anything that might be remotely construed as “legal advice”.
To the OP – assuming this is not SC and the defendant was personally served and the time for response is 20 days, time starts running on the date of service and a default is available on the 21st day thereafter. However, where service was made, how service was made and the nature of the action can all affect the timeframe. Since you haven’t supplied much information, you would be best served by consulting your process server.
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top