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Hello, I was served a complaint on November 18, 2019. I asked for an extension, and filed my answer and counterclaim on 01/17/2020. As of today 04/27/2020 there has been no response to my counterclaim - Over 100 days have passed. At this point, can I have this case dismissed?
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You probably can't yet have the case dismissed. That only happens when you file a motion to dismiss the complaint and there isn't enough information here to determine whether that can succeed. What you can probably do however is move for a default judgment. That's when the other side does not timely answer, and you win because they failed to do so.
There are service requirements that make default tricky, so as always check your court's local rules to see what their requirements are for default judgment. The Court could also have an active tolling order due to covid that could make this difficult. Check to make sure that the time to answer for the other side hasn't been postponed.
Answered on Apr 27th, 2020 at 5:17 AM