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Need Help. Messed Up Time Frame


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Hi, I am such a bonehead.  I read before Thanksgiving not to include weekends and holidays in my 20 days to answer.   Just found out I read it wrong and it said TO INCLUDE weekends andholidays. So now I missed the 20 day window.  What can I do??????  I was going to file a MTD based on SOL, But I guess I scrap that.

 

Can I file an answer Late?? Has this happened to anyone?? I need a Christmas Miracle.

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File the answer now regardless, and list the SOL as an affirmative defense. As long as the plaintiff has not filed for a default ruling against you yet, you are OK. I would try to file the answer regardless, if possible, just to get it on record. If you do go into default; you will have to see about filing a motion to vacate, or to reconsider (something of that nature, depending on your rules), then at least you can show that you did file an answer, albeit untimely.  

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