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BizIPEsq., Attorney
Category: Business Law
Satisfied Customers: 996
Experience:  I am a business attorney. I represent individuals and companies with all business related matters.
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In trying to vacate a default judgement, the party filing the

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In trying to vacate a default judgement, the party filing the motion has to provide for a proposed answer. Is this the actual answer that would be filed if the default was vacated, or can they file a different one? reason I ask is because I'm going through this process as the plaintiff with a default filed, and the defendant filed a proposed answer but it's not a very thorough one, and the affirmative defenses section is basically a laundry list of laws without much in terms of facts. Would they have an opportunity to file a different answer if the motion to vacate default is granted?

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Hello, I will be assisting you

BizIPEsq. :

Generally a proposed answer included in a motion to set a default motion aside is the answer that would be used. Although be mindful that once the case goes back on "normal" track the defendant will have the right to amend their answer at least once so the answer could be amended in the future

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Customer: Thanks. So because the motion to vacate rests on submission of a proposed answer does the judge actually rely on the content of the answer at all to determine on the vacate? We pointed out in our memo that the proposed answer lacks any facts and as such fails to state a claim. Would judges look at it then and factor that in?
BizIPEsq. :

For the most part the motion to set aside is not substantive on the mertis of the case rather it's about giving the judge an excusable reason why the action was not answered in time. So technically the judge is not suppose to rely on the answer but often if the answer is attached they take a look and unofficially add that to their consideration even if unofficially.

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