A Motion to Allow Late Answer is how you ask the court to let you file an Answer even though you missed the deadline. An Answer gives you the chance to tell your side of the story. It tells the judge the reasons you should win the case and the things the other side did wrong. To learn more about Answers visit MassLegalHelp.org If a Judgment of Default entered in your case, file this motion with a Motion to Remove the Default. You can get help creating the Motion to Remove the Default here. Use these instructions to review and file your Motion to Allow Late Answer.
COMMONWEALTH OF MASSACHUSETTS TRIAL COURT
court Court Docket Number:docket
MOTION TO ALLOW LATE ANSWER
NOW COMES the Defendant name in the above-captioned matter and respectfully moves this Honorable Court pursuant to M.R.C.P 6(b)(2) and/or (3) to allow the filing of a late answer asserting affirmative defenses and counterclaims for the following reasons:
In support of this Motion, the Defendant states:
1. Defendant does not have an attorney.
2. Defendant missed the Answer deadline for good reasons that constitute excusable neglect including reason.
3. Meritorious defenses and claims exist including defense and as set forth in the attached answer.
4. Plaintiff will not be substantially prejudiced by the allowance of this motion as defendant will make all efforts to expedite the resolution of this case.
5. The court should be guided by the principle that there is a strong preference for deciding cases on the merits.
WHEREFORE, the Defendant asks this court to grant this Motion to File Late Answer or any other relief that is just and proper. This request is not intended to delay or frustrate the resolution of this controversy on the merits.
Respectfully submitted by the Defendant,__________________________________name
Notice of Hearing
This motion is marked for hearing on___________at ______o'clock at the court Court.
CERTIFICATE OF SERVICE
I hereby certify that a true copy of this Motion to File A Late Answer was served upon the attorney of record for the Plaintiff, attorney by regular first class mail postage pre-paid on service.
This form was prepared using form preparation software without the assistance of counsel.
Do not type "I did not know it was due" type instead "Defendant did not get notice of the case."