Q: I have a lawsuit case and I have got a default of judgment & now other party had answer to complaint after Court aweek
Later I was wondering what is my options because they are late by law and now asking me to appear in court in 2026 a year later
A: You will have to explain this better. It is unclear whether you are a Plaintiff or a Defendant, whether you failed to file a timely answer or the other party did. It is unclear whether a Default was entered, a Default Judgment was entered, or neither of those. If a Default or Default Judgment was entered, no one is able to file an Answer unless the Default is set aside by a Judge.
A:
The other party initially failed to respond to the lawsuit in the time allowed. However, if they have now submitted an answer to the complaint, they may be attempting to overturn the default judgment by asking the court to set it aside. Courts will sometimes consider this request, especially if the other party can show a valid reason for their delay, such as an excusable mistake or misunderstanding.
To understand the implications of their late response and protect your default judgment, consider consulting with an attorney who can help you navigate this situation. HHJ Trial Attorneys, who handle complex civil litigation, may be able to assist you in opposing the other party's efforts to set aside the judgment, if that’s in your best interest, or in preparing for next steps if the case proceeds. An experienced attorney can help you understand your rights and the likelihood of maintaining your default judgment.
Lawyers, want to be a Justia Connect Pro too? Learn more ›
- California
- (916) 704-3009
- View Profile
- Answered
A:
You have a default judgment because the other party didn’t respond in the required time. Since they filed their answer late, you may have grounds to enforce the judgment without further delays. You can ask the court to uphold the default judgment and proceed with collecting what’s owed.
However, the other party’s late filing might also give them a chance to request the judgment be set aside. If they appear in court in 2026, you’ll need to be prepared to defend the default judgment. Make sure all your documentation and court notices are in order to support your case.
It’s important to consult with a legal professional who can help you understand your specific options and ensure you take the right steps. Acting promptly will help you manage the situation effectively and protect your interests in the lawsuit.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
