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Step 1: File your Answer/Response to Complaint/Petition with the Circuit Clerk in the county where the court case is filed. you can use to e-file your form. Step 2: Send a copy of your Answer/Response to Complaint/Petition to the other parties.
Each court has different rules about how long you have to respond to this motion, but usually you will have at least two or three weeks to file an opposition to the defendant's motion to dismiss.
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.
The plaintiff must give you responses to your request for admissions within 30 days. You do not need to do anything if you do not get a response. The plaintiff has 30 days to deny or object to the statements.
Read the summons and make sure you know the date you must answer by. Read the complaint carefully. Write your answer. Sign and date the answer. Make copies for the plaintiff and yourself. Mail a copy to the plaintiff. File your answer with the court by the date on the summons.
A defendant may respond in an answer that admits or denies each of the plaintiff's allegations in the complaint. The answer will list defenses and counter-claims or cross-claims against the plaintiff or other defendants. The answer will state whether the defendant wants a jury trial. The case will then continue.
There is no obligation to respond to alleged affirmative defenses....they can be contested at trial or summary judgment.
If you go to court, the judge will tell you when you need to file your Answer. It will usually be 10 days from your court date. In lawsuits for more than $50,000, the Summons will state that you must file an appearance within 30 days after the day you are served.
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 will win the case. Then, the Plaintiff can enforce the judgment against you. This can mean getting money from you by garnishing your paycheck or putting a lien on your house or car.