Default order

Lawsuits And Disputes 9 views 3 answers
If defendant, instead of answering the complaint, did make a motion to strike the complaint.Does this consider to be "AN ANSWER to the complaint"? This was done at the very last day and I did file motion for Default Judgment and order. So the defendant's motion to strike was done AFTER I filed the Default. Question is - is " motion to strike" considered as a value answer or not. Just by reading it - it is not an answer

Attorney Answers

3
Kevin Parks ·
A motion to strike isn't an "answer," but it is a responsive pleading. There are many ways a defendant may respond to a complaint -- they can do nothing (and risk default), they can file and answer, or they can file another responsive pleading contending with the court that some factual or legal issue should be considered -- often a jurisdictional issue of some kind. Despite your having a motion for default judgment and order filed with the court , my assumption based on your recounting of the timeline at issue is that the defendant likely filed its motion before a judge approved the default motion and/or signed the order of default. (Even if that's not the case, it is clear that you have not yet issued nor received a general [or limited] judgment; as such, it's likely that the defendant has other options available to avoid being defaulted.) Ultimately, you're going to have to review what the defendant's motion states and review (and respond to) the the factual or legal arguments it contains regarding the procedure, merits, or other issues presented by the case.
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Sarah Hays ·
It is a response. It sounds like you filed for default judgment prior to the running of the time for response. Is that the case? The motion to strike is attacking your pleadings on their face and not responding to the allegations. That is permitted.
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J Minor ·
If the motion to strike was filed "on the last day," it appears to be timely, and your motion for default, filed too early, will likely be (should be) denied. When the court rules on the motion to strike, you will either need to consider filing an amended complaint, or, if the motion to strike is denied, the defendant will need to file a further answer or response. However, pleading is somewhat technical, and you need to be represented by counsel. Handling your case by getting advice on as it unfolds is unlikely to serve you well.
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