Ohio Summons Answer time limit?

Business 2 views 3 answers
In my Summons it lists I have 28 days to file an answer. Are weekends and holidays counted in the 28 days?

Attorney Answers

3
Brian Pascale ·
While I am not licensed in Ohio, generally weekend and holidays are counted in the time period, unless the final day lands on one. Then it is typically the next business day. However, waiting to the last day is always a good way to lose a case. Check with the Ohio Rules of Civil Procedure. I certainly recommend speaking with a local attorney. I wish you the best of luck. If you found this helpful I would appreciate your clicking the "thumbs up" below. Legal Disclaimer: Mr. Pascale is licensed to practice law in the State of New York. The response herein is not legal advice and does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information about the matter within the question. Oftentimes the question does not include significant and important facts and time-lines that, if known, could significantly change the reply and make it unsuitable. Mr. Pascale strongly advises the questioner to confer with an attorney in their state in order to insure proper advice is received.
0 upvotes
Theodore Araujo ·
The first thing you need to do if and when you get sued is file an Answer. The summons will tell you that you must “appear” by way of an Answer in 10, 20 or 30 days, “depending on the method of service.” PLEASE CHECK THE LAW IN YOUR STATE AS YOU MAY ACTUALLY HAVE TO APPEAR IN COURT, AS IN VIRGINIA, IN ORDER TO AVOID A DEFAULT! You need a lawyer, but if you cannot afford one right away, rather then do nothing and have a judgment entered against you, is to “appear” by filing something! Many people think this means they have to go to Court and this is incorrect. 90% of all lawsuits end in Default Judgments because the defendant (person getting sued) did not file an Answer. I recommend you go to the free form I have on my website. Print it out and fill it out as instructed. You must answer the numbered paragraphs on the Complaint by writing them into the appropriate lines in the Answer. The Answer will allow you to preserve your rights and will prohibit a default judgment (i.e. you did not show up) from being entered against you. Mimic the paperwork you got when you got sued. Answer all the paragraphs of the Complaint by writing the numbers in lines 1, 2 or 3. Almost 100% of attorneys will deny what is owed because they did not do the calculations and do not know what the basis for the number is… When you file the Answer that is your “not guilty”. You have the right to make the person suing you (Plaintiff) prove their case, but you must also answer the complaint truthfully. Make sure you fill in the name and address of the attorney suing you before you bring this paperwork to the Court. Mail it to the attorney suing you right away! Check out the guide I have drafted on the profile. This will provide more detailed instructions. If it is helpful remember to indicate that and get the guide read! Good Luck! REQUEST: Please give this answer a "thumbs up"(below) if you find it valuable.
0 upvotes
Patrick Michael PickettReal Estate AttorneyColumbus, OH ·
Yes. Civil Rule 6(A) controls this question. Intermediate Saturdays, Sundays and holidays are counted in determining the 28 days. If the 28th day falls on a Saturday, Sunday or holiday (or other day when the court is not open), then the response can be filed on the next day that is not a Saturday, Sunday, etc. There are different rules which apply to calculating other/different time periods. You should consult a lawyer about the suit.
0 upvotes

People Also Asked