mit dem Zugang der Klage im Verzug

English translation: had failed to file a timely response

18:48 Aug 26, 2014
German to English translations [PRO]
Law/Patents - Law (general)
German term or phrase: mit dem Zugang der Klage im Verzug
"Die Antragstellerin begehrt nunmehr Schadensersatz ab [Datum] bis vorläufig [Datum] fur den durch das Verhalten des Antragstellers entstandenen Verzögerungsschaden nach Par. 280 Abs. 1, 2 iVm Par 286 BGB. Spätestens ab dem [Datum] befand sich der Antragsgegner mit dem Zugang der Klage im Verzug."

The claimant is wanting compensation for damages occured due to the delay of the respondent in signing a document, which will grant the claimant sole ownership of a property and make changes / sell it.

I am proofreading the translation. The translator wrote "was in delay with receipt of the action". It sounds very literal.
Mariana Rohlig Sa
Portugal
Local time: 13:38
English translation:had failed to file a timely response
Explanation:
A defendant is granted a certain time to respond to a claim. If he missed the deadline, a default judgment (Verzugsurteil) may be entered against him/her.

I imagine this situation: the defendant had been served with the papers, he had been given 30 (or 14... ) days to respond, i.e. by ["Datum"]; he missed the deadline and may now face a default judgment.
I would write sth. like this:
By [date], the defendant had failed to file a timely response (to the claim).
cp.
“You must file a response by a certain deadline. The summons on the front page of the court documents should include a notice of time limit to file a response. For most civil lawsuits, a defendant usually has either twenty (20) or thirty (30) days to file a response with the court, however some cases have very short deadlines (for example some eviction lawsuits may have a three (3) or five (5) day deadline to respond)”
http://resources.lawinfo.com/civil-litigation/how-to-respond...
Selected response from:

Johanna Timm, PhD
Canada
Local time: 05:38
Grading comment
Many thanks!
4 KudoZ points were awarded for this answer



Summary of answers provided
3 +2was out-of-time upon the (BrE) writ > (AmE: civil) complaint being received
Adrian MM. (X)
3 +1had failed to file a timely response
Johanna Timm, PhD


  

Answers


1 hr   confidence: Answerer confidence 3/5Answerer confidence 3/5 peer agreement (net): +1
had failed to file a timely response


Explanation:
A defendant is granted a certain time to respond to a claim. If he missed the deadline, a default judgment (Verzugsurteil) may be entered against him/her.

I imagine this situation: the defendant had been served with the papers, he had been given 30 (or 14... ) days to respond, i.e. by ["Datum"]; he missed the deadline and may now face a default judgment.
I would write sth. like this:
By [date], the defendant had failed to file a timely response (to the claim).
cp.
“You must file a response by a certain deadline. The summons on the front page of the court documents should include a notice of time limit to file a response. For most civil lawsuits, a defendant usually has either twenty (20) or thirty (30) days to file a response with the court, however some cases have very short deadlines (for example some eviction lawsuits may have a three (3) or five (5) day deadline to respond)”
http://resources.lawinfo.com/civil-litigation/how-to-respond...


Johanna Timm, PhD
Canada
Local time: 05:38
Specializes in field
Native speaker of: Native in GermanGerman
PRO pts in category: 653
Grading comment
Many thanks!

Peer comments on this answer (and responses from the answerer)
agree  David Hollywood: this is very nice
4 mins

neutral  Adrian MM. (X): '....due to the delay of the respondent in signing a document....'
14 hrs
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15 hrs   confidence: Answerer confidence 3/5Answerer confidence 3/5 peer agreement (net): +2
was out-of-time upon the (BrE) writ > (AmE: civil) complaint being received


Explanation:
Proofreading is obviously turning into reviewing and editing.

Not clear who is receiving the Antragsteller's Klage, the Antragsgegner or the court. So upon the proceedings (writ) being recvd. vs. when receving the writ.

'damages occured' = AmE. In BrE = loss or damage incurred.

Antragsgegner in BrE: (injunction) respondent/Scots law: defender.


    Reference: http://www.justice.gov.uk/courts/procedure-rules/civil/rules...
Adrian MM. (X)
Local time: 14:38
Specializes in field
Native speaker of: Native in EnglishEnglish
PRO pts in category: 790

Peer comments on this answer (and responses from the answerer)
agree  Lancashireman: 'out of time' is the legal term. 'timely' has a subjective ring to it. // It's down to the tilt of the head. Haven't you got a more current photo?
2 hrs
  -> Thanks. Boils down to the respondent simply being late or 'in default?' in signing the document concerned.

agree  AllegroTrans: BrE (E&W) "writ" is now "claim form" as you know, but as you also know I prefer not to "localise" terms like this, but to use universal expressions - "summons" would work imho
5 hrs
  -> Yes. Indeed - summons, as claiming costs in the summons.
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