| Author |
Message |
|
Options 
Bookmark online
|
djhardtimes
Joined: 28 Aug 2009
djhardtimes's page
Posts: 1
57 Magic Points
|
|
Subject: Writ of summons in MD
|
|
|
Fri Aug 28, 2009 1:35 am
|
|
|
| I was served a writ of summons by a managment company. The papers said I have 15 days to file a answer but my room mate who the papers were given to didn't give them to me until a week later. The 15 days I have to file an answer has passed. I want to know if I can still file an answer to defend? Since the 15 days have passed does that mean that I have been ruled against even though my trail date isn't until 9/22/09? Can I still attend the trial and contest it even if I didn't get to file an answer with the court clerk because I wasn't given enough time to answer? |
|
|
goodnatured
Joined: 03 Nov 2007
goodnatured's page
Posts: 3927
10 Magic Points
|
|
|
|
|
Fri Aug 28, 2009 2:21 am
|
|
|
yes you can still go to the trail, They probably got a default judgement on you, it may be too late at this point.
goodluck and keep us updated. |
|
|
fireyone
Joined: 26 Feb 2008
fireyone's page
Posts: 4285
127 Magic Points
|
|
|
|
|
Fri Aug 28, 2009 2:25 pm
|
|
|
| Goodnatured, I thought there was a a way to file to vacate the judgement with in 30 days of getting one. I am pretty sure you can. First of all do go to the court hearing and in the meantime I would go to the courthouse and see what damage control could be done...it may not be too late but you will never know unless you try. It is a serious matter so I would make a good effort. |
|
|
swsabean
Joined: 12 Jul 2008
swsabean's page
Posts: 11
586 Magic Points
|
|
|
|
|
Sat Aug 29, 2009 12:23 pm
|
|
|
Hi djhardtimes. I was recently sued by a debt collector in Maryland. It was a small claims action, so I did not have an attorney, thus, I learned quite a lot about civil procedure in Maryland. In my case, I was able to get a dismissal because the plaintiff had essentially no supporting documentation.
You may still be able to file a notice of intention to defend. I very strongly suggest that you speak with the court clerk office in whatever jurisdiction you are being sued. They are very knowledgeable and are there to help you. But do not delay any further. Monday morning, first thing, seriously.
Also, the trial date listed on your summons and complaint is not your actual trial date. That is the date they will make a default judgment against you if you choose not to defend. Once you file a notice of intention to defend, the court will reschedule the trial date for 3-4 months later, possibly more depending on their docket load. Then, they will mail you the new trial date.
Hope this helps. |
|
|
Scout
Guest
|
|
Subject: ToxvxxmhKlUQEpAPWF
|
|
|
Tue Aug 30, 2011 4:14 am
|
|
|
| Great hammer of Thor, that is pwoerfully helpful! |
|
|
