Legal Question in Civil Litigation in Alabama
Too Late for the Defendant?
In a samll claims case, after being properly served, the defendant has 14 days to submit an answer to the complaint with the court. If the defendant's attorney files the answer of complaint after this time, is the defendant allowed to get a court date, given the plaintiff had already filed for a jugdement by default? Also, what would I need to file with the court, if necessary, to ask the judge to diregard their answer?
Asked on 4/21/03, 7:00 am
1 Answer from Attorneys
Bobby Lott, Jr.
Attorney at Law
Re: Too Late for the Defendant?
Although the law says the answer has to be filed withing 14 days, in reality, a judge will seldom sustain a motion to dismiss if they file late. The law disfavors default judgments.
Answered on 4/21/03, 4:17 pm
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