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What happens when plaintiff withdraws claim against a defendant?
Wiki User
∙ 8y ago
The Plaintiff may withdraw the lawsuit, however, since the defendants have filed their counter claim, the suit will continue (now) against the plaintiff.
Wiki User
∙ 9y ago
Wiki User
∙ 8y agoThe case is dismissed. However both sides may have already wasted lots of time and money on the case! And the courts will also have wasted their time.
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What happens if a plaintiff or a defendant does not show up?
If a plaintiff does not show up, the case may be dismissed. If a defendant does not show up, a default judgment may be entered against them.
How happens if defendant has no assets?
If the defendant has no assets, they may not be able to pay a monetary judgment against them. In such cases, the plaintiff may not be able to collect on the judgment unless the defendant's financial situation changes in the future.
If the defendant in a civil suit does not respond to the charges what happens?
The plaintiff will win a by default and a judgment will be entered against the defendant. There are not laws that require a person to file an answer or to be present at the civil suit hearing.
What happens if Plaintiff is responsible for notifying Defendant and fails to do so?
Case gets thrown out.
What happens if you and the defendant don't show up on a hearing for child support case at court?
You lose. If the defendant doesn't show up for their notified court hearing, a default judgment will be made against them. If the plaintiff doesn't show up, the case will be dismissed. In the case of a defendant, the plaintiff will then go about collecting the award through garnishment of wages and placing liens on property.
What happens if the plaintiff suing you in ca small claims court doesn't show up?
If the plaintiff doesn't show up in a California small claims court, the case may be dismissed. The defendant may also ask for a dismissal due to the plaintiff's absence. The judge will typically rule in favor of the defendant if the plaintiff is not present to present their case.
What happens if you don't appear in a civil suit court case?
The plaintiff wins the case by default and a judgment is entered against the defendant. A civil lawsuit summons is not a court order per se and therefore the defendant is not obligated to appear. An order of appearance from the court, interrogatories, depositions, discovery motions and so forth are different matters and the person(s) named should always respond. Legal counsel is always advisable in such matters.
What happens if the defendant and the plaintiff do not show up for a court date?
If neither the defendant nor the plaintiff show up for a court date, the judge may issue a bench warrant for their arrest or the case may be dismissed. It is important for both parties to communicate with the court and reschedule the hearing if they cannot attend.
What happens when a summons is returned unserved?
if the summons was returned unserved, the plaintiff should asked the court to issue an alias summons if the whereabouts of the defendant is ascertained.
What happens if defendant' does not answer plaintiff first set of interrogatories request for admissions and request for production of document?
Depending on state laws, you have 30 days to file answers to them, if you fail to do so they can be deemed true and not contested and a judgment against you will be put before a judge.
What happens when a creditor sues you for a vehicle repossession and takes you to court?
Basically both the plaintiff and the defendant will have the opportunity to make statements pertaining to the case and present supporting evidence. The judge will then rule on which one proved their case. If the plaintiff wins they will receive a writ of judgment and can execute it against nonexempt property belonging to the defendant. The usual choice is wage garnishment or bank account levy.In some states the winning party can also collect legal fees and/or court costs that were incurred.
What if you're legally separated and someone has a judgment against the other person?
It depends on what type of judgment is in place. If the person is the sole debtor but there is still jointly owned property, the plaintiff can place a lien against the defendant's share. Or use the judgment as a wage garnishment or bank account levy. In some states joint accounts can be levied against. If that happens, the funds are frozen and the non-debtor must submit proof to the court what portion of the account belongs to them. If the debt was not joint the judgment will be only be entered on the PR of the plaintiff's credit report.
