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.
Oklahoma 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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Your answer should include the court name, case name, case number, and your affirmative defenses. Print three copies of your answer. File one with the clerk's office and mail (or ?serve?) one to the plaintiff or plaintiff's attorney. The plaintiff is the debt collector, creditor, or law firm suing you.
If you are served with a summons, note the deadline for when you need to respond. In most civil cases, you must respond within twenty days after you are served. To respond, you must file a written response with the court clerk, and mail your response to the opposing party or his attorney.
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.
What's the standard legal memo format? Heading or caption. ... Question presented. ... Brief answer. ... Statement of facts. ... Discussion. ... Conclusion.
You must fill out an Answer, serve the plaintiff, and file your Answer form with the court. Generally, this is due within 30 days after you were served. If you don't, the plaintiff can ask for a default. If there's a default, the court won't let you file an Answer and can decide the case without you.
If you sue a person, you must have the papers delivered directly to the person, or to someone who lives at his or her home who is at least 15 years old.
As stated on the summons you received when the complaint was served on you, you have 21 days in which to file an Answer. An Answer is a written response addressing the claims made in the complaint. This must be filed before the 21 days, or the court may enter judgment against you.
If the defendant didn't file a response by the deadline, the next day you can ask the court to end their chance to respond and to rule in your favor. This is called asking for entry of a default.
