A process server served a federal summons and an amended petition on a respondent for me, but did not file the proof of service until the respondent's answer deadline had passed. I'm wandering if there will be an issue with this since the respondent did not file an answer in the time allotted.
Nothing will happen automatically. Has the answer been filed now?
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As long as proof gets filed, you are OK.
This is not legal advice. You should always discuss the specifics of your issue in person with an attorney. Be aware that there are time limits on all claims that depend on the kind of claim, so do not delay in seeking an attorney.
If the defendant files an answer before the judge grants a default, then it does not matter. But the service return has to be on file for the court to enter a default. The judge will not enter a default on his or her own -- it takes a motion for entry of default.
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