Click Here What helped me out the most is that the above package gives you step-by-step instructions on how to answer every single count against you. It has examples that you simply copy and paste.
Know what to expect next Each of these steps is discussed below. If the complaint you received relates to an eviction, click to visit Responding to an Eviction Notice.
If you received a small claims complaint, click to visit Responding to a Small Claims Complaint. If a judgment has already been awarded against you, click to visit Judgments for Money.
Calculate Your Deadline To Respond However you decide to respond to the lawsuit, remember there are deadlines to take action. Typically, you have twenty calendar days from when you received the summons and complaint not counting the day of service to file a response with the court.
But that time might be shorter in some cases. So read the summons and all papers you received carefully! If you intend to talk to an attorney about your case, do it quickly so that you or the attorney can file your response on time. Click to visit Lawyers and Legal Help.
After the plaintiff gets a default judgment, she can try to garnish your wages, attach your bank account, or take your property. Evaluate Your Options Once you have been served with a complaint, you have a number of options to choose from and a couple of decisions to make.
Negotiate a resolution with the plaintiff At any time during the case, you can talk to the plaintiff and try to resolve the dispute. Just keep an eye on your twenty days. Even if you are negotiating, your clock is still ticking. File an answer Filing an answer is probably the most common way of responding to a lawsuit.
Filing an answer prevents the plaintiff from getting a default judgment against you.
It signals to the court and the other side that you intend to defend the case. File a motion to dismiss or for a more definite statement There are a number of reasons why you might file a motion to dismiss, including: In other words, the court does not have jurisdiction over you.
Click to visit Deciding Where to File for more information about jurisdiction. Insufficiency of service of process. That means plaintiff did not properly serve the summons and complaint on you. Failure to state a claim.
In other words, you are arguing that plaintiff failed to state a legal claim in the complaint, and there is no relief legally available to plaintiff based on her allegations. When you file a motion to dismiss, the time for you to file an answer is postponed until the judge makes a decision on your motion.
If the judge grants your motion, the case is dismissed and over. If the judge denies your motion, you have ten days to file an answer. Like a motion to dismiss, a motion for a more definite statement postpones your time to file an answer.
Sue the plaintiff You have the option of suing the plaintiff on your own claims. You can assert it in a separate lawsuit.*You must file your Answer within the time limit listed in your Summons (usually twenty days). Once you have timely filed your Answer and served Plaintiff's lawyer, you should get notice of any hearings.
Summons Complaint Template What Is A Lawsuit Summons?
A summons must accompany a complaint when a lawsuit is filed by the plaintiff. A summons is a formal notice given to the defendant that a lawsuit has been filed against them. The Answer.
The defendant’s response to a complaint is called the answer. The answer contains the defendant’s version of the events leading to the lawsuit and may be based on the contents of the complaint. The filing of the answer is one option that the defendant has in .
Responding To A Complaint If You've Been Sued Learn what to do if you’ve been served with a summons and complaint, including how much time you have to respond and what options might be available to you. A counterclaim should be filed at the same time as the answer. The answer must be filed within the time period listed on the original summons.
If an answer is not filed within a timely manner, the court may issue a default judgment ordering the defendant to pay the damages as requested by the plaintiff.
Preparing a written Answer entails writing a letter to the judge. In the letter, you’re explaining your reasons why you should win the lawsuit. Writing an Anwer letter isn’t hard work, but it isn’t as simple as composing a letter or email as you would to a friend.