The plaintiff filed a claim with the small claims court in an automobile accident. Then the plaintiff filed withdraw without prejudice and notified the defendant. But, the defendant requests withdraw with prejudice. Can the defendant simply ignore the notice and have the case continued or the defendant must respond within a time frame; otherwise, withdraw without prejudice will become a default judgment? Can you explain it? Thank you.
Have you heard the saying "silence equals acceptance"? This phrase is true both in life and (especially) in law. If you "ignore" his filing it is essentially the same as telling the court that you agree to it. If you want something different, you must let the court know by filing a timely response.
The above answer is a general explanation of legal rights and procedures. It does not constitute legal advice. Nor does it establish an attorney-client relationship between the individual posting the question and the attorney providing the answer.
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