I filed my answer to a lawsuit 8 months later but the plaintiff filed a motion for default after I filed an answer. Can I lose?Can I lose a lawsuit by default for filing an answer late but before a motion for default is filed?Probably not by clerk's default. Even if you file late, the plaintiff needs to submit the motion and have the clerk enter the default prior to you filing a responsive answer. If you file any paper at all, the judge must make the determination as to whether to issue a default. Provided your answer was responsive, the judge will not enter a default against you. The plaintiff simply is too late to seek a default.Can I lose a lawsuit by default for filing an answer late but before a motion for default is filed?You can always lose.
You better have a good excuse for the late filing.
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