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Re: SIBA420 post# 21694

Tuesday, 09/13/2016 1:24:55 AM

Tuesday, September 13, 2016 1:24:55 AM

Post# of 63510
I agree on the court date. It isn't going to be an overnight scheduling. 2-4 weeks out is very typical and most likely.

I kind of figured since all three Defendants were named in the one complaint, they would all have to heard in one hearing, but wasn't 100% sure.

And I knew of the timeline allowed from once served, but was unsure of the timeline allowed if any Defendant was unservable. Thank you for that additional info. BUT, you confused me with this statement..."Then the party that was served will have the chance to fight it or just not show up." It's my understanding, if the Defendant was served and they do not respond to the Plantiff's attorney and/or the court within 20 days of the date served, they forfeit their right to defend their case against the Plantiff and the judgement will go in the favor of the Plantiff. I have seen this in other cases, where the Defendant did not respond in time and the court rejected the Defendant's response to the Complaint and judgment was automatically made in favor of the Plantiff. The only exception to this, I recall, was one ticker I was in, the company was being sued by a creditor. The company missed the court date and claimed they had not been served the summons but had only heard of the complaint a couple days before the hearing date and that was because a shareholder found this complaint when doing his DD and posted his findings on the board and another sharehilder contacted the company to find out if this was true as it had never been presented by the company and they had just released a 10K/Q that specifically stated there weere no court proceeding against them. The Attorney of the Plantiff could not prove the company was ever notified as they were unable to provide any signed receipt of the summons by any employ of the company. They couldn't even show any proof of any unsuccessful attempt to serve the company. The company felt it was an attempt to not even attempt to serve the company and to try to claim they were unable to serve or no responses to serve so they could try to win a judgment without company representation. There turned out to be some shady stuff between both the company and the creditor (private individual), but anyway, the point is, this has been the only one I have seen be allowed to defend in a hearing after not meeting a filing deadline.