Get Contesting Answer Defenses Form

A waiver of service or summons means that a party voluntarily enters a lawsuit without requiring the opposing party to serve them with a summons and petition.

Under the federal rules, in most instances, the defendant's answer must be made within 20 days of receiving service of the complaint.

You should respond to each paragraph of the complaint matching your response to the exact number used in the complaint. Be very careful with the statement you make in your answer. These statements can become admissions of facts that could be used against you. You must be truthful and brief.

Personal jurisdiction can generally be waived (contrast this with Subject Matter Jurisdiction, which cannot be waived), so if the party being sued appears in a court without objecting to the court's lack of personal jurisdiction over it, then the court will assume that the defendant is waiving any challenge to personal ...

If you waive service, then you must, within the time specified on the waiver form, serve an answer or a motion under Rule 12 on the plaintiff and file a copy with the court. By signing and returning the waiver form, you are allowed more time to respond than if a summons had been served.

Answer each allegation (usually a line) in the complaint with Admit , Deny or Neither admit nor deny. Know the elements of the defenses you're asserting and allege facts that support each element. State affirmative defense with enough specificity to give the plaintiff notice of the defense being asserted.

Contact the clerk's office of the court where the lawsuit was filed. You'll find a phone number and address for the clerk's office on your summons. The clerk will be able to tell you exactly what documents you should file with your answer and whether any filing fee is required.

When drafting an answer, one must: (1) follow the local, state, and federal court rules; (2) research the legal claims in the adversary's complaint; (3) respond to the adversary's factual allegations; and (4) assert affirmative defenses, counterclaims, cross-claims, or third-party claims, if applicable.

As a substitute for personal service by a process server, some jurisdictions may allow voluntary acceptance of service, also called waiver of service. It means that the served party agrees to voluntarily acknowledge receipt of the complaint or petition without the need to engage a process server.