What happens if the defendant does not respond to my claim?
Asked by: Lacy Bartoletti | Last update: January 30, 2026Score: 4.9/5 (3 votes)
If a defendant doesn't respond to your legal claim, you can ask the court for a default judgment, essentially winning the case automatically because they forfeited their right to defend, meaning the court may grant you the money or relief you requested. You must typically file a request for default within a specific timeframe after the response deadline passes, and the court will then decide the case based on your claims, sometimes requiring a brief hearing (inquest) to confirm the amount.
What happens if a defendant does not respond to a complaint?
If you fail to respond within the specified amount of time, you will lose your case and your chance to defend yourself in court. The plaintiff can then file for a Request for Default.
How long does a defendant have to respond to a claim?
The Practice Direction provides some helpful guidance. If the claim is 'straightforward' you have 14 days to respond. If the claim is 'very complex' you have 3 months to respond. Your response letter should be prepared and sent within this range of time.
What happens if the respondent does not reply?
If a respondent doesn't reply in a legal case, the court can issue a default judgment, meaning the case proceeds without their input, often granting the plaintiff what they requested, leading to enforceable orders for things like custody, support, or property, and potentially waiving the respondent's right to contest the claims or receive future notices. Essentially, the court makes decisions based on one-sided information, and the respondent loses their voice and ability to present their side.
What happens if there is no response to a letter of claim?
Default judgment may be issued against the recipient
If the defendant ignores both the LBA and the court claim, the court can issue a default judgment, meaning the claimant automatically wins the case. A default judgment may result in: A court order to pay the amount claimed (including interest and legal costs).
What If the Defendant Does Not Respond to My Claim?
What happens if a defendant does not reply?
If you have claimed a specified amount you must first wait until the date by which the defendant must reply to the claim has passed. After this date you can ask the court to order the defendant to pay the amount you have claimed. This is known as asking the court to "enter judgment by default".
Can a lawyer get in trouble for not responding?
Attorneys must promptly respond to reasonable client requests, and while some delays may be understandable, long periods of no communication are unprofessional and potentially harmful to your case. Not all failures to respond amount to legal malpractice.
Can you go to jail for ignoring a lawsuit?
There are no criminal penalties for failing to respond to a civil lawsuit but it is still a bad idea. Failure to respond will result in a default judgement and you will lose the ability to dispute the claim.
What is the longest a lawsuit can take?
In general, a personal injury lawsuit can take anywhere from a few months to several years. Some cases settle quickly through negotiations, while others may require a trial, adding more time to the process.
What are the consequences of ignoring a court order?
Breaking a court order, known as contempt of court, can lead to serious penalties like fines, jail time, wage garnishment, seizure of assets, or suspension of licenses, with the severity depending on whether the violation was willful (intentional) or not. Courts can also impose mandatory classes, change the underlying order, or make the violator pay the other party's attorney fees, with jail often reserved for repeated or severe offenses.
What is the hardest case to win in court?
The hardest cases to win in court often involve high emotional stakes, like crimes against children or sexual assault, where jurors struggle with bias; complex, voluminous evidence, such as white-collar fraud; and defenses that challenge societal norms, like an insanity plea, which faces high scrutiny and conflicting expert testimony. Cases with weak physical evidence, uncooperative witnesses (like in sex crimes), or those involving unpopular defendants (e.g., child abusers) are particularly challenging for defense attorneys.
What happens if a claim is taking too long?
If a claim takes too long, it can weaken your case as evidence fades and witnesses forget details, potentially leading to dismissal or lower settlements, but you can push back by requesting written explanations, filing complaints with state insurance departments, documenting everything, and consulting an attorney to take legal action against the insurer for bad faith practices.
What happens if someone ignores small claims?
If a defendant doesn't respond in small claims court, the plaintiff can request a default judgment, meaning the court can rule in the plaintiff's favor without the defendant presenting their side, potentially leading to wage garnishment or property liens, but the plaintiff must still take steps to collect the awarded money. Ignoring the lawsuit doesn't make it go away and can result in losing automatically.
What happens if you just ignore someone suing you?
If you don't respond to a lawsuit, the plaintiff (the person suing you) can get a default judgment, meaning the court accepts their claims as true and can order you to pay or give them what they asked for, with no input from you; this often leads to wage garnishment, bank levies, or property seizure, making it very hard to fight later. It's crucial to file a formal response, like an "Answer," within the deadline (often 20-35 days) to at least notify the court you're defending yourself, even if you can't afford a lawyer.
What is the 8.500 rule?
(1) A petition for review must be served and filed within 10 days after the Court of Appeal decision is final in that court. For purposes of this rule, the date of finality is not extended if it falls on a day on which the office of the clerk/executive officer is closed.
What happens if you sue someone and they don't respond?
What happens to a defendant (a party you've sued) who doesn't answer your lawsuit or show up for court? The short answer is: You can probably ask for a default judgment, meaning a judgment that awards you at least some of the damages you asked for in your complaint.
How much will I get from a $25,000 settlement?
From a $25,000 settlement, you'll likely get significantly less than the full amount, often around $8,000 to $12,000, after attorney fees (typically 33-40%), case costs (filing fees, records), and medical bills/liens are paid, with the exact amount depending on how much your lawyer charges and the total medical expenses you owe.
What are the odds of winning a lawsuit?
The chances of winning a lawsuit vary greatly, but most personal injury cases (90-95%) settle out of court; for those that go to trial, plaintiffs win roughly 50-60% of the time, with car accidents having higher success rates (~61%) and medical malpractice cases having lower ones (~27-37%). Key factors influencing your odds include clear liability (proof the other party was at fault), strength of evidence (medical records, photos, witnesses), the type of case, and having an experienced lawyer.
What is a reasonable settlement offer?
A reasonable settlement offer is one that fully covers all your economic losses (medical bills, lost wages, future costs) and compensates fairly for non-economic damages (pain, suffering, emotional distress), reflecting the unique strengths and weaknesses of your case, including potential liability and venue. It's generally much higher than an initial offer and requires understanding your full, long-term damages, ideally with legal and financial expert input, to avoid underestimating your true costs.
What happens if you are being sued and have no money?
The fact that the other party has no income or assets currently doesn't mean that they never will. The judgment remains collectible until the total amount is settled. Even though the judgment has an expiration date, you can always renew it to get a collection time extension.
What happens if someone doesn't respond to a claim?
If the defendant does not reply to your claim, you can ask the court to enter judgment 'by default' (that is, make an order that the defendant pay you the amount you have claimed because no reply has been received). You should do this as soon as possible after the 14 days have passed.
Are civil cases easier to win?
Yes, civil cases are generally considered "easier" to win than criminal cases because they have a much lower burden of proof, requiring only a "preponderance of the evidence" (more likely than not, or 51%) compared to the "beyond a reasonable doubt" standard in criminal law, meaning less certainty is needed to win. However, "easier" is relative; civil cases still demand strong evidence and preparation, with success rates varying significantly by case type (e.g., car accidents are higher than medical malpractice).
What do I do if my lawyer won't respond?
If written requests via don't resolve the issue, you may need to escalate the issue by filing a complaint with the State Bar, seeking new legal representation, or exploring whether your attorney's failure to communicate has caused damages to your case that warrant a malpractice claim.
How long should you wait for a lawyer to respond?
You should generally expect a lawyer to respond within 24 to 48 business hours, though this can vary; expect brief updates for delays like court appearances, but more than a week without contact is a red flag, indicating potential issues requiring a formal follow-up or a new attorney. Timeliness shows professionalism, but lawyers juggle many cases, so check if they're in trial or waiting on court/insurance.
Can I talk to another lawyer if I already have one?
The answer to this question is simple: YES. You can talk to another lawyer even if you have already employed one, and it doesn't matter if you've already fired your lawyer or not. In fact, it is often a good idea to get a second opinion on your case from the outset.