Defending against a lawsuit begins with a thorough answer to the legal complaint.
You've received a legal complaint in the mail. It's official --- you're getting sued. Answering a complaint can be a frustrating, stressful experience, especially if you believe you're not at fault. It's essential to answer the complaint correctly and meet all of your deadlines so you don't make a bad situation worse.
Instructions
1. Review the complaint thoroughly to understand the allegations against you as well as what the plaintiff is seeking in compensation. All allegations will be clearly spelled out in numbered paragraphs. Make detailed notes on every allegation, deciding whether or not you can fight the charge and what evidence you can offer against it.
2. Consult an attorney. Even if you're planning to represent yourself (not recommended), you should sit down with a lawyer to discuss your rights, obligations and next steps. You can find an attorney in the yellow pages or search for one on sites such as lawyers.com.
3. Attempt to negotiate a settlement if you can't deny the charges against you. If you're fairly certain you're going to lose your case, it may be better to contact the plaintiff's attorney and settle the case out of court. You can also offer to settle in mediation.
4. Draft your answer, addressing each allegation point by point. The papers you were served should include a form, but if not you can use a blank piece of paper or word processing software. Each allegation must be answered with "Admit" or "Deny." If you deny the charge against you, a defense must be included.
5. File your answer with the court by the deadline specified in the complaint. Typically you will have 20 to 30 days to file. Send copies to the court and the plaintiff's lawyer via certified mail. You will probably need to include a filing fee with the copy you send to the court.
6. Await your court date. If you're contesting the charges against you and refuse to settle out of court, a hearing date will be scheduled. Show up to court on time with all documentation that can disprove the allegations against you.
