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Do not panic ...Each year, millions of civil lawsuits are filed in courts throughout the United States.1 As long as you file your answer to the lawsuit, the plaintiff (the person or company filing the complaint) must prove their allegations against you through competent testimony and admissible evidence. If you default (fail to answer within the required time period), you will forfeit your legal rights. In other words, it is absolutely essential that you file your answer with the court, and serve (send) a copy to the plaintiff (or plaintiff's attorney, if they are represented by counsel), within the time period stated on the civil summons.
How do you prepare a civil answer form? Here is a summary of what you should do.
STEP #1
THE CAPTION SHOULD BE AT THE TOP OF YOUR ANSWER.
The top of your answer form must have the same caption (this is the legal term for the title of the case) that appears on the top of the summons or complaint. Usually, the caption at the top has:
THE CAPTION SHOULD BE AT THE TOP OF YOUR ANSWER.
The top of your answer form must have the same caption (this is the legal term for the title of the case) that appears on the top of the summons or complaint. Usually, the caption at the top has:
- the name of the court (for example, "Superior Court of New Jersey, County of Morris);
- the names of the plaintiff/petitioner and defendant/respondent; and
- on the right side of the page, the case number, which is sometimes referred to as the docket number.
STEP #2
ADMIT, DENY, OR DENY INFORMATION AND BELIEF TO EACH ALLEGATION OF THE COMPLAINT.
Beneath the caption, you will type your responses to each of the allegations (paragraphs) of the complaint. If possible, you will number each of your responses in accordance with the paragraph numbers in the complaint. In other words, your response to paragraph 1 of the complaint will be labeled as paragraph 1 of your answer.
For each paragraph/allegation of the complaint, you generally have three options:
ADMIT, DENY, OR DENY INFORMATION AND BELIEF TO EACH ALLEGATION OF THE COMPLAINT.
Beneath the caption, you will type your responses to each of the allegations (paragraphs) of the complaint. If possible, you will number each of your responses in accordance with the paragraph numbers in the complaint. In other words, your response to paragraph 1 of the complaint will be labeled as paragraph 1 of your answer.
For each paragraph/allegation of the complaint, you generally have three options:
- Admit the allegation;
- Deny the allegation, or
Deny knowledge or information as to the facts set forth in the particular paragraph (in other words, the paragraph makes an allegation of something you do not know, and about which you could not reasonably be expected to have personal knowledge.
Of course, there are some other options for responding that attorneys use. For example, if a particular paragraph/allegation is confusing, vague or consists of multiple allegations in a single paragraph, some attorneys respond with the phrase "deny in the form alleged and refer all questions of law to the court." Another option for responding to a particular paragraph (particularly if the paragraph is lengthy and has multiple allegations of fact) is to admit only certain allegations in the paragraph, and deny the rest. You can word this as follows: "Defendant denies the allegations in paragraph of the Complaint, except admits that (in this space, you will specify which aspect of the allegation you are admitting).
STEP # 3:
ADD YOUR "AFFIRMATIVE DEFENSES"
Once all of the allegations in the complaint have been responded to, there are certain "affirmative defenses" that must be asserted in your answer or they will be deemed waived. For example, if the plaintiff is trying to collect a debt after the time period for commencing a collection lawsuit has expired, you would insert an affirmative defense that the plaintiff's claims are barred by the statute of limitations. This is just one example. The types of affirmative defenses available to you depend on the type of case you are responding to, and the underlying facts of your situation. Examples include release, waiver and laches, just to name a few.
ADD YOUR "AFFIRMATIVE DEFENSES"
Once all of the allegations in the complaint have been responded to, there are certain "affirmative defenses" that must be asserted in your answer or they will be deemed waived. For example, if the plaintiff is trying to collect a debt after the time period for commencing a collection lawsuit has expired, you would insert an affirmative defense that the plaintiff's claims are barred by the statute of limitations. This is just one example. The types of affirmative defenses available to you depend on the type of case you are responding to, and the underlying facts of your situation. Examples include release, waiver and laches, just to name a few.
STEP # 4:
ADD A COUNTERCLAIM, IF YOU HAVE ONE
A defendant in a civil action is also entitled to include in the answer a counterclaim against one or more plaintiffs. This is in essence a separate lawsuit brought by the defendant against the plaintiff seeking affirmative relief. It is generally related to the facts of the original action.
ADD A COUNTERCLAIM, IF YOU HAVE ONE
A defendant in a civil action is also entitled to include in the answer a counterclaim against one or more plaintiffs. This is in essence a separate lawsuit brought by the defendant against the plaintiff seeking affirmative relief. It is generally related to the facts of the original action.
STEP #5
SIGNATURE AND VERIFICATION.
You will need to add the date, your signature, and usually your address to the bottom of your answer. You should evaluate whether verification is required. A verification is a statement under oath that certifies the truth of the allegations contained in your answer.
Carefully read the instructions on the summons to determine how, where and when to file your answer. It is extremely important to make sure that the court receives your answer before the deadline for responding has passed.
1 Statistics about the precise number of lawsuits filed each year are inconsistent. But the average number is at least 40,000,000. In other words, millions of Americans are dragged into court each year. You are not alone.
SIGNATURE AND VERIFICATION.
You will need to add the date, your signature, and usually your address to the bottom of your answer. You should evaluate whether verification is required. A verification is a statement under oath that certifies the truth of the allegations contained in your answer.
Carefully read the instructions on the summons to determine how, where and when to file your answer. It is extremely important to make sure that the court receives your answer before the deadline for responding has passed.
1 Statistics about the precise number of lawsuits filed each year are inconsistent. But the average number is at least 40,000,000. In other words, millions of Americans are dragged into court each year. You are not alone.