How do you file an answer to a civil lawsuit in Kentucky?

Answer 1

The answer to a civil suit is known as a "first pleading". The defendant answers each charge as a denial or an acceptance. Example: A first defense and the best defense would be that "The plaintiff fails to state a claim against the defendant which could be granted relief under existing statutes" (meaning the debt itself is not valid/owed). The next best defense would be "If the defendant is indeed indebted to the plaintiff for reasons stated in the complaint, he/she is indebted to them jointly with_____" (meaning the plaintiff did not bring suit against all parties who owe the debt). An so on and so forth. It is not necessary for the defendant to concern themselves with the use of "legalspeak" (legal terminology), but conciseness is the best choice. The defendant should always bear in mind that they are presumed to be under oath and should under no circumstances impart any information that is not truthful. Please be advised, failure to appear at the trial (or hearing) can result in a default judgment being entered against the defendant/debtor Copies of your response should be sent to the plaintiff's legal counsel and to the office of the clerk of the court where the summons was issued. The contact information can be found on the summons. The correspondence should be sent by certified mail with a receipt requested.

For most pleadings in Indiana, you have 20 days after you receive the complaint to respond with your answer; as defined by Indiana Trial Rule 6(C). However, some specific types of pleadings require a response within 10 days (see T.R. 6).

It is always advisable for the defendant to retain legal counsel or at least seek legal advice to be assured that all his or her rights are protected.

Answer 2

You need to figure out the kind of lawsuit you want to file then get the correct forms from the courthouse. The easiest way to go through the process is to consult an attorney who works in that area of law.

Answer 3

You almost certainly need an attorney to do this properly. Different courts have different rules, from how many pages your answer can be to how you cite the cases you use as precedent. Without an attorney, it will be very difficult for you to write and file an appropriate answer.

That said, a lot depends on 1) what court you are in 2) what type of case this is and 3) what the Complaint said. The Answer is what it sounds like - answer the accusations in the Complaint. You should have a copy of the Complaint and you can sort of model your Answer off that.

Check out Court Reference (the Kentucky self help page is linked here). There are lots of legal self-help resources linked from the CR site. It also provides information on free and low-cost legal representation, as well as contact information for your local court clerks. It's a good place to start.

Answer 4

You answer each numbered allegation in the Complaint by either admitting or denying. Then you make any necessary affirmative defenses or counterclaims.

Additional Information:

To properly file the Answer, you must send the original Answer (and perhaps a copy if the court's rules so require) with the court and pay the appropriate filing fee.

You should also send an additional copy together with a stamped self-addressed envelope and ask the Clerk to return a copy of the Answer marked "Filed" to you in the return envelope. This will give you proof that the Clerk received and filed the Answer.

At the same time you must send a copy of the Answer to the plaintiff or plaintiff's attorney.

See the Related Link below for Georgia Rules of Civil Procedure regarding filing an Answer to civil lawsuits.