How Do I Write An Answer To A Complaint?

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After a complaint is filed against you, you have 30 days to file an answer to that complaint. There are many generic forms that can be found that will help you to do this. If you use the internet to help you, make sure it is a reputable website that you are getting the information from.  As a reminder, if you are planning on filing bankruptcy, your bankruptcy attorney does not represent you in this lawsuit so they cannot help you write your answer unless the agree to do so in a separate contract.

The top part of your answer should look a lot like the top part of the complaint. It should have the state and county that the complaint was filed in, which court, District or Superior, and the case number. Make sure that all of this is exactly how it appears on the complaint. The other thing that needs to be included there is the case number that is listed on the complaint. This is very important that you put the correct case number, because this is what will link the complaint and answer together.

Pen and Paperwork

The body of the answer will have numbered bullets just like the body of the complaint. You will either admit, deny or explain you neither admit nor deny because more information is needed. You will do this by lining your answers up numerically the same way they appear in the complaint.

Make sure that you sign and date the answer with the date that you are intending to get it filed with the Clerk of Court.  You will also need to prepare what is called a Certificate of Service. This basically states you certify you filed your answer with the court and have also mailed a copy to the Plaintiff or Plaintiff’s attorney.  This also must be filed with the court when the answer is filed. You will take both of these documents to the clerk of court in whatever county the complaint was filed and tell them you need to file an answer to a complaint. They will get it filed and give you a copy that has their stamp on it.  You will need to mail a copy of this to the plaintiff’s attorney that is listed on the complaint. Doing all of this will buy you about 30 days to figure out what you want to do to remedy this situation.