This pamphlet provides an overview of how to file an answer to a complaint. Topics covered include what an answer consists of, including defenses, counterclaims, and cross-claims that may be included, and how to file the answer in court.
Alaska USLegal Pamphlet on How to Answer a Complaint
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FAQ
If a defendant thinks the other side did not have the Complaint and Summons properly served, they can file a motion to ask the judge to cancel (to quash) the service. This is called a motion to quash service of summons.
You Can Lose By Default: If you don't file a response 30 days after you were served, the Plaintiff can file a form called ?Request for Default?. The Plaintiff has to wait 30 days to file this. If the Plaintiff files this form, the Court can enter a judgment against you.
If you have been served with a complaint and summons, you need to prepare your response which is called an answer. You have 20 days to file an answer and serve the plaintiff (or their attorney if represented). If you do not answer, the other side can ask the court to default you.
If the target cannot be found, some jurisdictions allow for what's called ?substituted service,? whereby the court papers are given to a roommate or, in some cases, a teenager of appropriate age. This is considered legal in some places, though only acceptable once all other options have been exhausted.
Common methods to avoid being served Not answering the door. Lying about their identity. Hiding in the closet until the process server leaves. Staying at a family member or friend's home.
Furthermore, certain types of documents cannot be left at the door under any circumstances; these usually involve family law matters such as divorce papers or child custody orders. In some cases, additional steps will need to be taken before serving papers via this method in California.
You Can Lose By Default: If you don't file a response 30 days after you were served, the Plaintiff can file a form called ?Request for Default?. The Plaintiff has to wait 30 days to file this. If the Plaintiff files this form, the Court can enter a judgment against you. The Plaintiff will win the case.
Once you decide to respond to a Complaint, your first step is to decide what type of response. This page will focus on the Answer form. Filing an Answer to the Complaint forces the other side to prove their case with evidence.