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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.
This site is brand new and
we have many helpful topics that will soon be
included.
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