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.
A defendant may want to seek the advice of an attorney before filing an answer to provide the best possible defense. Create a Free Account Our free account and tools will help you get started and maintain your business. First Name. Last Name. Minimum 8 characters long At least 1 capital and lowercase letter At least 1 number At least 1 special character.
How to Answer a Lawsuit An answer is a formal document filed by the defendant s with the proper court in which they were initially served a complaint. Lawsuit Answer Template The answer will deny or admit the allegations, line-by-line as requested in the complaint. Lawsuit Forms. There is an automated interview for applicants filling out the District Court Fee Waiver. This interview will complete the fee waiver forms for you after you answer a series of questions. At the end of the interview, you will have to print your forms, sign them, and file them.
This interview will only generate the District Court Fee Waiver forms. Pdf Fillable. For more information on filing documents with the district court or justice court, click to visit Basics of Court Forms and Filing. You must generally give the other side a copy of any document you file with the court.
If the other side has an attorney, you must give the documents to the attorney instead of the other party. Because the other side and possibly the court will be sending you documents in the mail, make sure they have your current address.
If you move, file a Notice of Change of Address form with the court and mail a copy to the other side. It is also the proof you file with the court to verify that service was made. Read the Certificate of Service and deliver a copy to the other side by whatever method is described. If you filed a motion, the court clerk is going to give you a hearing date.
Make sure the copy of the motion you serve to the other side has the date and time of the hearing on it. Otherwise, they won't know when the hearing is scheduled. What happens next will depend on what you filed. If you filed an answer, the case will move forward. If you filed an answer and a counterclaim, the Plaintiff will likely file a response to your counterclaim.
And the case will move forward from there. If you filed a motion, a hearing will be scheduled for the court to make a decision. After your motion is resolved and assuming the case is not dismissed , the case will move forward from there.
For more information, click to visit Lawsuits for Money and explore the different steps in a civil case. This website is intended to provide general information, forms, and resources for people who are representing themselves in a Clark County court without a lawyer. The information on this website is NOT a substitute for legal advice. Talk with a lawyer licensed in Nevada to get legal advice on your situation.
Overview If you have received a summons and complaint, that probably means you are being sued. Then take the following steps to decide how and whether you want to respond: Step 1: Calculate your deadline to respond Step 2: Evaluate your options Step 3: Prepare a response Step 4: File your response with the court Step 5: Give plaintiff a copy of your response Step 6: Know what to expect next Each of these steps is discussed below. Step 1: Calculate Your Deadline To Respond However you decide to respond to the lawsuit, remember there are deadlines to take action.
Step 2: 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. You can: Negotiate a resolution with the plaintiff At any time during the case, you can talk to the plaintiff and try to resolve the dispute. File an answer Filing an answer is probably the most common way of responding to a lawsuit. 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: Lack of jurisdiction.
In other words, the court does not have jurisdiction over you. No account yet? Create an account. Edit this Article. We use cookies to make wikiHow great. By using our site, you agree to our cookie policy. Cookie Settings. Learn why people trust wikiHow. Download Article Explore this Article parts. Related Articles. Part 1. Read the complaint. When you are served, make sure you read the complaint carefully so you understand the allegations and why you are being sued. Write down any laws that are cited, as you will want to look them up so you understand what they cover.
Check to make sure your name and address are correctly entered in the complaint. Make note of the deadline. You will have a deadline to respond to the complaint, typically 20 or 30 days from the date you are served. So make sure you're counting weekends and holidays when you determine how long you have to respond. Contact the clerk of court.
Before you begin drafting your answer, you may want to call the clerk's office and find out the court's basic procedures first. The clerk will be able to tell you what forms you must file, and when. For example, some jurisdictions require you to file a notice of appearance if you are representing yourself, before you file your answer. Gather information. Once you know what the lawsuit is about, related documents or other evidence you have in your possession can help you decide how you want to respond.
For example, if you are being sued because you owe someone money, you might want to find any written contracts or agreements you have. Check the amounts stated in the complaint against the amounts on your statements and make sure they match. Look at each allegation in the complaint individually, and determine whether you have any documents or other evidence that either proves or disproves that allegation. Pull all those things together — although you won't need them to file your answer, you will need them as the case progresses.
Research the law. Check any law cited in the complaint as well as related laws to determine if you have any defenses available.
Since you have a limited time to file your answer, you may not be able to do extensive research and legal analysis — but that's not really necessary at this stage.
All you need is a basic understanding of why you're being sued and what law gives the plaintiff the right to sue you. You typically can find copies of your state's law online, on the websites for either your state court's system or your state's legislature. You also may want to look on the websites of legal aid and legal self-help programs in your area, as they often have summaries and plain language descriptions of state law.
Through your research you also should uncover defenses you might be able to raise. If you so much as suspect that a defense might apply in your case, you'll want to go ahead and raise it in your answer. You'll have time to research it more thoroughly later. If he or she has failed to include all the required elements, you may be able to file a motion to have the complaint dismissed. For example, if the lawsuit alleges you breached a contract, the plaintiff must allege that the two of you had a contract; that they fulfilled their side of the bargain, but that you failed to do all or part of what you were obligated to do under the contract; and they incurred damages as a result.
If one of those elements is missing, the plaintiff has "failed to state a claim. Consider consulting an attorney. If the lawsuit is complex or involves a significant amount of money, it may be in your best interests to work with an attorney.
If you draft and file your answer without talking to an attorney, you could accidentally give up rights that you didn't intend to lose, such as the ability to raise certain defenses. Although an attorney can be expensive, consider that cost against the cost of losing the case. You may have an affirmative defense, which essentially means you did what the plaintiff alleges you did, but that you had a good reason or excuse for it.
That excuse means you are not legally liable for the plaintiff's damages. Self defense is one affirmative defense with which most people are familiar, and is used in both civil and criminal law.
Affirmative defenses shift the burden of proof so that you, instead of the plaintiff, must show the court why you should not be held legally liable for the plaintiff's damages or losses.
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