How to answer to a court summons?

Answer 1

If you are going to answer the complaint (rather than, for example, file a motion to dismiss or other pre-answer motion), you generally will want to respond to each numbered allegation of the complaint (the allegations usually appear in separately numbered paragraphs). The responses are generally "admit" or "deny" in nature, although it is usually permissible to "deny for lack of knowledge" if the circumstances dictate.

Once the admissions/denials have been made, one often assets any applicable "affirmative defenses", again, in separately numbered paragraphs. Some may include:

The plaintiff/complainant fails to state a claim against the defendant upon which relief may be granted. (Meaning the debt is not valid or at least the plaintiff has not plead it clearly).

If the defendant is indebted to the plaintiff he/she is also indebted to ....(Meaning there are other parties involved which were not named as plaintiffs).

The right of action set forth in the complaint did not accrue within the time set forth by the laws of the defendant's state. (The state's SOL for the action has expired).

It is best for the defendant who is representing themselves to respond with their own wording, as judges tend to be more lenient in Pro Se cases.

There may be other applicable affirmative defenses, but these are dictated by the basis of the cause of action being asserted by the Plaintiff. An affirmative defense is, by nature, a legal or factual "avoidance" of the claim, and to that extent differs from a mere denial of the allegation.

It is critical that the answer get filed with the Clerk within the time allowed by law (usually specified on the Summons), and that a copy get mailed or delivered to the Plaintiff or his/her/its attorney. The failure to get an answer filed when required may result in the entry of a default, such that you will be considered to have admitted the material factual allegations of the complaint.

Answer 2

Evidence and professionalism. If you feel you're being sued unjustifiably, gather any documentation, pictures, phone messages, etc. pertaining to the case and use these to support your side of the story. Be detailed, professional in tone and answer only those points relevant to the lawsuit. No matter what happened in the past, it's usually not relevant to the specific reason for the lawsuit. Organize your evidence and defense and present it without bias or any obvious disdain for the plaintiff.

AnswerIf you have been served with a complaint. Contact an attorney who specializes in the area of law related to the lawsuit.

Answer 3

Show up in court. It just so happens that I have a Subpoena in front of me. It says "You are commanded to appear and testify in this action before the District Court at the place, date, and time indicated below." This is not a request. You must show up to court or else you will be charged with contempt of court, fined, and you may be arrested. You can call the court prior to the appearance date and tell them why you can't make it on that date and they may work with you. Do not mess with this. It is an order.

Answer 4

You file and serve an "Answer and Affirmative Defenses". This is a legally binding document for which I suggest, if you are not a lawyer, you do not attempt to answer on your own behalf. Under penalty of law you cannot answer a lawsuit for someone else unless you are an attorney who is admitted to the Bar of the jurisdiction in which the lawsuit is filed. This is true regardless of your relationship to the person who is being sued. You are best advised to seek the counsel of a duly admitted and qualified attorney.

Answer 5

You respond to the lawsuit by filing an Answer to it. The answer takes the form of individual responses to the allegations made in each paragraph of the complaint one by one. The possible replies are that you deny the allegations of a particular paragraph; that you admit the allegations of a particular paragraph or that you neither admit nor deny the allegations but leave plaintiff to his proofs.

IN most courts you cannot simply make a general denial of everything in the Complaint. You must answer each numbered paragraph individually. Then you file the original (with any applicable filing fee) with the court and send a copy to the plaintiff or its attorney withing the time set forth in the summons.

In addition, you will have to raise certain defenses to the Complaint in a separate affirmative statement. See the rules of the court for "Affirmative Defenses."

Another type of response is an immediate motion to dismiss the complaint for certain specified reasons but this is rarely done. Motions for dismissal for certain grounds must be raised immediately. You may lose the right to raise the defenses or grounds for dismissal if you do not do so as the rules require.

You might also have to serve some initial request for discovery at the time of the filing of your Answer. Again, check the court rules.

Answer 6

Remember the old adage that “a man who defends himself has a fool for a lawyer.” Hire a good lawyer and let your lawyer handle your defense.

Answer 7

Remember the old adage that

Answer 8

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