Wesley Drake asked 6 days ago
Before I start, I understand this is not legal advice and commenting does not establish attorney client relationship of any kind and any other you are not my lawyer type of stuff!
So I find myself in an interesting situation with LVNV. I was suppose to have my trial this week but the other attorney asked for a continuance to try to settle. I also found out I made a good impression on the judge, I was dressed for success, I arrived VERY early. We (the judge and I) had an early interation that put the spotlight on me (in a good way). So court goes into a 10min recess. In that time the other side's attorney pulls me outside and he's telling me how weak he thinks my case is and blah blah blah but he said he would talk to his client about offering me a cash settlement to drop my counterclaim, so I agree (just to talk). So we get in front of the judge and they (the clerk) hands the judge the paperwork and his eyes light up and he say "OH, This is your case?" As the judge is addressing the other attorney request the judge makes it a point to say me "While I hope you are able to settle this matter, I have to say this was the most professional, most well written pleadings that I've come across in a while. I was able to follow everything and you pleading convey everything that you meant for them to convey"(Thank you for the templates Mr.Parker). As I said they continued the case to talk settlement but it has come to my attention that LVNV has not replied to my counterclaim and they haven't filed anything with the court. According to my state's law LVNV time to respond has passed so everthing I alledged is deemed admited so I guess I'm wondering should I wait to see about this settlement or should I go ahead and file for summary judgement?
Brian Parker Staff answered 6 days ago
I would file something with the court locking up their counterclaim with a default. I would research the rule for the default and enter with court. They are not late until I do this in most jurisdictions. This will prompt them to contact me to work it out or they will file a Motion to Set Aside with an excuse I did something in error so I always make sure my ducks are in a row before defaulting the other side. I want time to have passed from the deadline of the other side not answering so you show good faith.
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I would file something with the court locking up their counterclaim with a default. I would research the rule for the default and enter with court. They are not late until I do this in most jurisdictions. This will prompt them to contact me to work it out or they will file a Motion to Set Aside with an excuse I did something in error so I always make sure my ducks are in a row before defaulting the other side. I want time to have passed from the deadline of the other side not answering so you show good faith.
State law says they must respond within 21 days of being served. My green card say they were served Aug 19. which made that Sept 9. How much time would show good faith maybe a week or 2?