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 Answering The Complaint Is Very Important

   

We cannot write your Answer for you, but we can give you some examples that we have found.

You MUST answer a complaint in time or you are faced with the likelihood of losing by default. If that happens, you may be able to ask the judge to vacate that default judgment, but it is much easier to avoid that situation by answering in a timely fashion.

First, it's really not a good idea to write an answer in pen at the court house unless you waited until the last day and have no choice. The acceptable approach is to type the caption* (similar to how your adversary typed his complaint) on your PC and then break down your answer into 3 or more parts.

You need to answer each numbered question in sequence and generally your answers should be:

a) Admits;

b) Denies; or

c) Defendant is without sufficient information.

The second part you need is affirmative defenses. If you do not have a good list of them you may want to refer to the following as they cover many possibilities -- and very potentially, if you do not claim a right (defense) you lose it -affirmative defenses represent that claim. You may wish to list some or all, on separate lines, the standard affirmative defenses which include:

1) latches, 2) Pari Delicto, 3) unclean hands, 4) failure to state a claim, 5) violation of statute, 6) failure to name all necessary parties, 7) insufficiency or defect of service, 8) lack of jurisdiction, 9) accord and satisfaction, 10) fraud, 11) statute of limitations and/or other time limitations, 12) bad faith acts of omissions and/or negligence, 13) Failure to comply with applicable regulations, 14) failure to comply with applicable state or federal law and 15) estopple or collateral estopple.

The third part, if you have a valid counterclaim or third-party claim, now is the time to make it known in writing. In most jurisdictions, if you do not do so at the time of your answer, when you generally have the right as a matter of law (check your jurisdiction) -- you may not persuade the court to grant permission to you on motion later when your adversary can oppose the motion -- particularly those courts that are unfriendly to pro se parties. Finally, after putting your draft answer in the best shape possible, print it out in double spaces with 12 point fonts.

* Caption: This is the first page format of court papers and usually has at the top left corner the full name, firm, address and telephone number of the law firm producing that paper. If you are Pro Se, you will put your full name address and telephone number. The second part consists of the Plaintiff v. Defendant info and the court in which the case is being tried with its docket number (if available) and the subject of the particular paper such as: complaint, notice of motion, affidavit and so forth.

 

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