I have filed a compliant with the court and the the defendant has received the complaint. The court has given the defendant 30 days to respond to the compliant. My question is as follows: If the defendant doesn’t file a response with the court, can the defendant appear in court on the date of hearing without me having seen the response ?
Yes, the defendant can still appear in court for a court date without having filed a response to the plaintiff’s complaint.
Anna Ayscue
Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest
Rosen Online | Unlimited confidential access to a North Carolina attorney for $199/mo - click here
The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.
Thanks. Does not responding to the complaint weaken the Defendant’s position? I know this is a subjective question, but given the defendant ignores court procedure(s), it seems that this wanton action would be negative from the court’s perspective.
Not responding to the plaintiff’s complaint does not necessarily weaken the defendant’s position, but it can hurt their case by not asserting any appropriate motions and/or counterclaims in time and by not filing written admissions or denials of the allegations.
Anna Ayscue
Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest
Rosen Online | Unlimited confidential access to a North Carolina attorney for $199/mo - click here
The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.