This form is defendant's answer to a complaint filed by the plaintiff. Defendant states that she was forced to vacate the rented premises because the building was not suitable to conduct business due to sewer problems.
Massachusetts Answer to Complaint
State:
Multi-State
Control #:
US-60924
Format:
Word;
Rich Text
Instant download
Description
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How to fill out Answer To Complaint?
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FAQ
Simply put, if either party involved violates a court order, that party may be considered being in contempt of court. This includes actions such as failing to pay alimony or child support, failing to fulfill or denying visitation, refusing to pay on the mortgage, and any other refusals of court mandates.
Under Rule 12(f), as under existing federal practice, a motion to strike an insufficient defense searches the pleadings; in hearing such a motion, the court may properly dismiss the complaint for failure to state a claim upon which relief can be granted, just as though the defendant had been the moving party under Rule ...
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.
?Failure to state a claim upon which relief can be granted? can mean a number of things, all of which have to do with what is stated in a complaint. First, and most typically, this means that the complaint failed to properly allege one or more of the required elements of an action.
An answer is a formal written response to the plaintiff's complaint in which the defendant responds to all of the allegations in the complaint and sets forth any defenses to all or part of plaintiff's claims. An answer is filed by the defendant after s/he has been served with a copy of the complaint.
Another common example where a failure to state a claim occurs takes place in contract law. This can happen for instance when one party claims that another party breached the contract but there are no facts that could show the plaintiff and defendant had a contract.
The defense of failure to state a claim has not been waived. Rule 12(h)(2) preserves the defense and allows it to be asserted in a pleading, on a motion for judgment on the pleadings, or at trial. The defense is considered too important to allow it to be waived by mistake.
Failure to state a claim upon which relief can be granted. (1867) A plaintiff's not having alleged facts in the complaint sufficient to maintain a claim. This failure warrants dismissal of the complaint.