Anser filed, but was returned for failure to appear

[First Timer]

I'm at a loss as to what to do. Had case filed against us. We filed an answer for the court and it was filed on the date. I just received a notice back, with my answer and a refund check saying that we filed late and failed to appear and that the filing fee was being refunded, including a check.

I called the clerk's office and we screwed up. The answer was due by 9:00 am and we filed it that afternoon.

I am preparing a motion to set aside the default judgement, but is a simple mistake on time of day enough to set it aside?

The motion to set aside has a place to state why you did not appear and for your case for defense or facts to prove your case. For the defense I'll state that plaintiff had no standing to seek relief.

What is a sufficient legal reason to set aside? Stupidity probably isn't one.

Edited November 7, 2012 by First Timer

[First Timer]

In researching this, I need to file for a motion to set aside based upon excusable neglect. Stupidity - not reading the time correctly, is not going to fly.

Any suggestions?