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Should a Default be filed if the Plaintiff failed to respond to an Answer, Affirmative Defense, and Counterclaim on time?

Hoffman Estates, IL |

The Plaintiff filed 21days late without asking for leave.

Also, the dates for filing notice of motion to strike Defendants Answer, Aff. Defense, and Counterclaim do not match (the dates are one year apart on the notice of motion). Exactness is critical, when it comes law, I would think.

Attorney Answers 2

  1. Best answer

    Here's what will probably happen. You object to the late answer, pro se small claims guy asks for forgiveness, court waives it with an admonishment because it doesn't have time for two people to play lawyer over petty issues. Technicaly mistakes in the answer can be rectified by later amendment. The law isn't a game of gotcha. It's about the evidence and the law - that's it.

  2. What is critical is not exactness, but that. You talk to a lawyer. Sounds to me like you're trying to handle a case by yourself... Big mistake. Talk to a lawyer.

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