This is an answer to a civil lawsuit which includes affirmative defenses.
This is an answer to a civil lawsuit which includes affirmative defenses.
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Write and file an answer. The ?answer? is your written response to the claims made against you. You must file an answer with the court that issued the summons or citation. If you fail to answer, you could lose the case without ever having the opportunity to tell your side of the story.
How do I answer the complaint? 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.
To file suit, you must fill out a Statement of Claim and Notice form. Get this from the Small Claims Clerk in your district. Your claim may be filed in person or by mail. However, when the papers are sent by mail to the clerk, the action is not commenced until the papers are actually received.
Under Rule 5(b), service may be made by mailing the paper to the party or attorney at his last known address; if no address is known, the paper may be left with the clerk of court. Prior Massachusetts practice made no provision in cases where the address was unknown. Notice must be written.
Write and file an answer. The ?answer? is your written response to the claims made against you. You must file an answer with the court that issued the summons or citation. If you fail to answer, you could lose the case without ever having the opportunity to tell your side of the story.
Mail or deliver the original answer to the court clerk. You have five days from the day you gave a copy to the plaintiff to get the original to the court. You can file your answer at court first, but you must give your answer to the plaintiff the same day you fill out the certificate of service.
Pleading. First, the plaintiff files a pleading with the court. This sets out the complaint against the defendant and the remedy the plaintiff is seeking. A court officer then issues the claim by affixing the seal of the court and signing the pleading on behalf of the court.
Rule 12 - Defenses and Objections-When and How Presented-By Pleading or Motion-Motion for Judgment on Pleadings (a) When Presented. (1) After service upon him of any pleading requiring a responsive pleading, a party shall serve such responsive pleading within 20 days unless otherwise directed by order of the court.