When you are sued, you typically don't have much time to respond to the allegations made against you in your opponent's paper.
By way of example, in New York State, if you're a defendant in a civil case, you will have about twenty (20) days to answer a summons and complaint that have been "personally" served upon you. If these papers were were delivered in any other way, you will typically have about (30) days to respond. In either instance, should you neglect to act promptly, the relief requested by the proponent of the lawsuit could be granted "on default."
While courts have the power to excuse those who have inadvertently missed a deadline, applicants seeking to "vacate a default" must first satisfy a two-pronged standard and will be required to demonstrate a:
- reasonable excuse; and
- meritorious defense to the action or claim.
If these elements are not addressed to a court's satisfaction, relief may be denied, as was the case in Newton v Nutty Irishman .
In that particular dispute, Brad Newton sued the Nutty Irishman for damages arising from an assault. When Nutty failed to answer, the Suffolk County Supreme Court granted Newton a default judgment.
In its affirmance of that outcome, the Appellate Division, Second Department, noted that Nutty did not address the two governing elements and could not satisfactorily explain-away "its delay in answering after its insurance company disclaimed coverage."
Ignoring court papers? Failing to take action?
Now how crazy is that?
For a copy of the Appellate Division's decision, please use this link: Newton v Nutty Irishman