Chatham, NJ asked in Consumer Law, Contracts and Civil Litigation for New Jersey

Q: In NJ courts, how long does a Plaintiff have to reply to an "Answer to Compliant with Counterclaims" from a Defendant?

As the Defendant, I filed an "Answer to Compliant w/ Counterclaims" in an NJ Superior Court on 1/10/23 (the date the Answer to Complaint was due). How long does the Plaintiff have to submit a Reply to the Counterclaims? If Plaintiff does not file a Reply by the deadline, can I make a motion for Default of my counterclaims? And ask the judge to award me what I was seeking in damages in the Counterclaims. If so, how long show I wait to file the default against the Plaintiff?

1 Lawyer Answer
Leonard R. Boyer
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  • Clifton, NJ
  • Licensed in New Jersey

A: Plaintiff has no obligation to file a reply. There are several ways that a Plaintiff can respond if it so chooses. You cannot make a motion for Default against the Plaintiff. What you need to do is to retain an experienced civil litigation attorney because what you do not know can destroy your case and you are emotionally involved. Pick the best attorney you can find and remember one rule: a good attorney is generally never cheap, and a cheap attorney is generally never good so don't choose based on price. With modern technology, you can be represented by any high-quality attorney in New Jersey irrespective of geography.

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