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  1. #1
    Join Date
    Sep 2016
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    13,916

    Default When Does a Tenant Miss the Deadline for Answering a Complaint in an Eviction Case

    If a tenant is served with a summons and complaint for eviction, do they have to personally serve their answer or can they drop it off or send it by mail? Does it have to be received by the landlord before the deadline for filing an answer, or is it still timely if it isn't discovered until the next day? If it's late, can the landlord file for a default judgment?

  2. #2
    Join Date
    Sep 2005
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    Behind a Desk
    Posts
    98,846

    Default Re: When Does a Tenat Miss the Deadline for Answering a Complaint in an Eviction Case

    While personal service is required to start a lawsuit, it is not required for responses. It is sufficient to send a response by first class mail or to drop it off at the plaintiff's offices. It is the date of service that is important, not the date that the plaintiff checks his inbox or mailbox.

    If you want to default a defendant for failing to respond to a complaint, you must file your petition for a default after their answer is due but also before it is served upon you. If you delay in filing for a default and are served with the answer, you have missed your opportunity.

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