I filed an unlawful detainer against my tenant. When I received the answer, the tenant had checked box 2b, wrote something and then whited out whatever they wrote. I checked the original copy at the court and it was the same. If you file an Answer with no answer is that still consider an answer or can I take a default judgement
Answer
You cannot take the default of someone who has filed an answer or other responsive pleading. If the answer is defective, you must either demur to the answer or file a motion to strike. It sounds to me like the answer is a complete admission, in which case you may be able to move for entry of a judgment of possession. I would have the documents examined carefully by legal counsel before proceeding.
Answer
Mr. Roach is correct. If a responsive pleading, no matter how defective, is filed by the defendant then there is no default. A demurrer or motion to strike would be a waste of time, however, as it would only result in them getting leave to file an amended answer. Courts don't decide cases based on someone screwing up the paperwork until they are given several chances to fix it and fail to correct the problem. You could file a motion for judgment on the pleadings, but in most courts it takes longer to get a motion hearing than to get a trial date in UD cases and if the tenant has even the slightest clue he would file an amended answer as soon as the motion was served. So personally, if it were one of my tenants, I would just treat it as if they had checked 2.a. and get the soonest possible trial date.
Answer
Although you don't say whether any boxes ended up being checked, e.g. 2.a or something in 3, and if not the Answer is technically defective, it is still sufficient to constitute a responsive pleading, and requires you to take another step (other than taking the tenant's default) to prosecute your case.......and I agree that the simplest approach would be to go to trial and let the judge hear both sides and decide the matter.
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