Summons and Complaint Question

[JenniSam]

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

Filed a civil complaint against former tenants for damages and past due rent on 11-12-10. They were served on 11-22-10. If I understand correctly, they had 21 total days to file a response after being served.

So they had until 12-13-10 to file a response, correct?

I ask because, we received a notice to appear based on the former tenants response that is date stamped by the court 12-15-10. That would mean they responded after the allowed 21 days. How is it that they were able to enter a response that was accepted after the 21 day deadline?

What's more confusing is, I went to the court house on 12-20-10 to file my paperwork for a default judgment. Just to double check, I asked if a response had been filed and I was told no. Now I get this notice to appear. Have I missed something or should I bring the dates to attention of the clerk?

 

[sandyclaus]

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

Filed a civil complaint against former tenants for damages and past due rent on 11-12-10. They were served on 11-22-10. If I understand correctly, they had 21 total days to file a response after being served.

So they had until 12-13-10 to file a response, correct?

I ask because, we received a notice to appear based on the former tenants response that is date stamped by the court 12-15-10. That would mean they responded after the allowed 21 days. How is it that they were able to enter a response that was accepted after the 21 day deadline?

What's more confusing is, I went to the court house on 12-20-10 to file my paperwork for a default judgment. Just to double check, I asked if a response had been filed and I was told no. Now I get this notice to appear. Have I missed something or should I bring the dates to attention of the clerk?

The defendants had 21 days to file their response. However, if you did not request a default judgment as of day 22, then every day you waited beyond that, you risked the possibility that your defendant would come and file a responsive pleading that would keep you from filing for a default judgment. When the response was filed on the 15th, that's exactly what happened.

While the clerk may not have correctly noticed that the response was filed prior to the 20th when you came to request your default judgment, the date stamp confirms that it was. You can certainly bring the dates to the attention of the clerk, but unfortunately for you, because the defendants did file their response before you filed for the default judgment, the court proceeded correctly by accepting the responsible pleading. Your delay now means that the defendants get an opportunity to present their side of the case now and you must allow them to do so.

 

[JenniSam]

The defendants had 21 days to file their response. However, if you did not request a default judgment as of day 22, then every day you waited beyond that, you risked the possibility that your defendant would come and file a responsive pleading that would keep you from filing for a default judgment. When the response was filed on the 15th, that's exactly what happened.

While the clerk may not have correctly noticed that the response was filed prior to the 20th when you came to request your default judgment, the date stamp confirms that it was. You can certainly bring the dates to the attention of the clerk, but unfortunately for you, because the defendants did file their response before you filed for the default judgment, the court proceeded correctly by accepting the responsible pleading. Your delay now means that the defendants get an opportunity to present their side of the case now and you must allow them to do so.

Now I understand. Lesson learned. Thank you for the response.