Legal Question in Civil Rights Law in Massachusetts

Motion to File Late Answer

I filed a Motion to File Late Answer due to the following:

1.The Plaintiff served summons and complaint to an incorrect address

2.Never was aware of summons until to late to reply.

3.Plaintiff was well aware I was not living at this address as they were involved with the liquidation of this home in 1998.

4. Plaintiff never tried to communicate with me prior to this action through normal means and using my mailing address (PO Box),which was expected prior to the summons action.

The question is can I use Rule 60 as a defense or other laws?


Asked on 4/22/03, 3:16 pm

1 Answer from Attorneys
Nance Lyons Law Office of Nance Lyons

Re: Motion to File Late Answer

why did you respond to suit that was not served? When you field motion did you appear specially or did you file so that jurisdiction attaqched? Generally motions to file answer late are routinesly granted.

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Answered on 4/24/03, 2:51 pm


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