Legal Question in Civil Litigation in Ohio

Federal Court Civil Suit Default Judgement...

If a Civil Suit is filed in Federal Court against a City or County municipality and the service was good and thery never answered is there a good chance a default judgement would be entered...

FACTS>>>>>

!- Service was made

The municipality did answer several days after the clerk entered a default. Their excuse--" we put the lawsuit papers in the wrong folder....

IS THIS A GOOD ENOUGH ANSWER TO GET THE DEFAULT DROPPED ????


Asked on 8/22/11, 2:43 pm

1 Answer from Attorneys
Ryan Fisher Lowe Eklund Wakefield Co. LPA

While I agree that the judge should affirm the default it is unlikely that the default will stand. Nearly all judges will vacate the default if the defendant can show a reason for the delay in answering the complaint. This is called excusable neglect. It is 100% up to the discretion of the judge whether to vacate the order. If the judge vacates the judgment you cannot appeal that ruling. I hope this helps.

Read more
Answered on 8/22/11, 7:32 pm


Related Questions & Answers

More General Civil Litigation questions and answers in Ohio