Question

Isabel and Josh engage in a business transaction that leads to a dispute. Isabel initiates a lawsuit against Josh by filing a complaint. The sheriff serves Josh with a summons. If Josh chooses to ignore it,a. Isabel must file an amended complaint.b. Isabel will have a judgment entered in her favor.c. Josh must be served with a second summons.d. Josh will have a judgment entered in his favor.

Answer 1

Answer:

(b.) Isabel will have a judgment entered in her favor

Explanation:

Under the Rules of the court Josh's action is referred to as Default of Appearance.  Isabel is the Complainant while Josh is the Defendant.

It is the law that where a Defendant fails to appear before the court where there is a proof of service of the summons on him or her, Complainant may apply to the Judge for a judgement in respect of the claim on the summons to be entered in his or her favor against the Defendant.

Therefore, in the instance case at hand, Isabel will have a judgment entered in her favor for failure of Josh to appear before the court.

Option (a) is not the answer because Isabel does not need to file an amended complaint because Isabel did not ask the court for any amendment of her complaint. Isabel can only file an amended complaint if she intends to change her complaint against Josh.

Option (c) is not also the answer because Josh chooses to ignore the summons served on him. If for instance Josh did not get the summons served on him or the judge is of the opinion that Josh was not properly served, then the court can order that Josh must be served with a second summons.

Option (d) is also not the answer because Josh cannot have a judgment entered in his favor because he is the person who defaulted appearance before the court. A party who is in default of appearance cannot have judgment entered in his favor.