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John Legal
John Legal, Attorney
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I filed a lawsuit in Cochise County against two parties and

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I filed a lawsuit in Cochise County against two parties and they answered in one answer and cited the wrong case number XXXXX the answer. Can I file for a default judgement on the grounds that they did not answer within the 20 days allotted?
Submitted: 5 years ago.
Category: Legal
Expert:  John Legal replied 5 years ago.
Thanks for trusting Just Answer. As an attorney I will answer as clearly as possible. I ask for you Accept my answer so I am paid when we are done.

You can and should file a motion for default judgment. However, the court will likely give them "leave" to amend the complaint to correctly identify the file number. You file the motion on the off chance that the court allows you to default them on a technicality.

Courts have liberal room to allow them to amend and most judges will allow the amendment as there is enough information in their response to give you sufficient notice of their response.
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