Default Judgement on Counterclaim?

Plaintiff filed a complaint, I responded and also filed a counterclaim. The Plaintiff never responded to my counterclaim (due about 3 weeks ago). What are my next steps? Do I automatically get a default judgment on my counterclaim? Or can the Plaintiff just ask for an extension? Would the judge grant an extension after the deadline to respond to the counterclaim already expired?

Peoria, IL -

Attorney Answers (3)

Adam J. Lysinski

Adam J. Lysinski

Lawsuit / Dispute Attorney - Chicago, IL
Answered

…I agree. While judges will typically grant at least one extension, nothing will happen if you don’t ask for it (i.e. file a motion). Normally you would want to file a motion for default, and possible come back to prove up your damages. As for the plaintiff’s complaint, that should be dismiss if the plaintiff does not show up. Lastly if the plaintiff is not responsive, but you feel the plaintiff might resurface, you might want to file request to admit prior to your motion for default judgment. But be careful, there are strict rules (see section 216 of the code) and if you don’t follow them, it will not work. Good luck.

Alan James Brinkmeier

Alan James Brinkmeier

Lawsuit / Dispute Attorney - Chicago, IL
Answered

Most judges will allow an extension.

Judy A. Goldstein

Judy A. Goldstein

Divorce / Separation Lawyer - Mokena, IL
Answered

You do not automatically get a default judgment. You need to ask for it in motion form. The Plaintiff may ask for additional time to respond.

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