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.
Massachusetts USLegal Pamphlet on How to Answer a Complaint
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How to fill out USLegal Pamphlet On How To Answer A Complaint?
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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.
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.
Types of Responses Answer. An Answer is the most common way to respond to a lawsuit. ... General Denial. A General Denial is a simple response to a lawsuit. ... Demurrer. ... Motion to Quash Service of Summons. ... Motion to Strike. ... Motion to Change Venue or Transfer. ... Cross-Complaints. ... For More Information.
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.
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.
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.
Elements (of a case) The existence of a legal duty that the defendant owed to the plaintiff. The defendant's breach of that duty. The plaintiff's sufferance of an injury. Proof that defendant's breach caused the injury (typically defined through proximate cause)
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.
