What happens if a defendant does not answer a complaint within 21 days?

When a defendant does not answer a complaint within the designated time frame of 21 days, an entry of default may occur. This means that the court recognizes the defendant's failure to respond as a failure to contest the claims made in the complaint. The plaintiff can then seek a default judgment, which may allow them to win the case without having to prove their claims in court, as the defendant’s inaction is interpreted as an admission of the allegations.

It’s important to note that the entry of default does not automatically resolve the case in favor of the plaintiff; it merely acknowledges that the defendant has not participated in the litigation. The plaintiff must still take steps to obtain a default judgment from the court.

The other options do not accurately describe the consequences of the defendant’s failure to respond. The case is not automatically dismissed, and the plaintiff does not lose the case simply due to the defendant's lack of response. Additionally, the defendant does retain the option to file a late response or motion, subject to the court’s discretion. This means that while there are serious ramifications to not answering, it does not preclude all avenues for the defendant.