Aug 26, 2014 18:48
10 yrs ago
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Deutsch term

mit dem Zugang der Klage im Verzug

Deutsch > Englisch Rechts- und Patentwesen Recht (allgemein)
"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.

Proposed translations

+1
1 Stunde
Selected

had failed to file a timely response

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...
Peer comment(s):

agree David Hollywood : this is very nice
4 Min.
neutral Adrian MM. (X) : '....due to the delay of the respondent in signing a document....'
14 Stunden
Something went wrong...
4 KudoZ points awarded for this answer. Comment: "Many thanks!"
+2
15 Stunden

was out-of-time upon the (BrE) writ > (AmE: civil) complaint being received

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.
Peer comment(s):

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 Stunden
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 Stunden
Yes. Indeed - summons, as claiming costs in the summons.
Something went wrong...
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