Legal Question in Constitutional Law in New York
A summons is issued to a defendant to answer a complaint that was filed in Federal Court, a year passes with no response.
The case is Pro Se.
The judge sends a letter to the plaintiff asking to show cause why the case should not be dismissed for failure to prosecute.
Aren't defendants required to answer a complaint within a certain period of time?
What can be done to get the defendants to answer the complaint?
Asked on 7/16/10, 7:19 pm
1 Answer from Attorneys
Edward Hoffman
Law Offices of Edward A. Hoffman
You have to serve the summons and complaint on the defendant and then file proof of service with the court. If you did that (your question doesn't say whether you did) but he hasn't answered, then you should take his default. If you didn't serve him, then you need to do so ASAP and ask the court to excuse your delay.
Answered on 7/17/10, 12:36 am
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