If you have been served with a civil Summons and Complaint or Petition, you must respond to the claim or a default judgment could be entered against you. It is preferable to consult an attorney when you have been served; however, if you are unable to obtain an attorney’s services, you have the option of filing a response or Answer for yourself, or pro se. The time for filing an Answer is always a specified time from the service of the original Summons and Complaint or Petition. Within the State of New York, you normally have twenty (20)to (30) days to file an Answer or Response to avoid being in default. If you are served with an action that was filed in another State, the time period for filing an Answer may be different; however, the Summons should state the number of days available to you. Failing to file an Answer to the Complaint within the specified time period could result in a default judgment being entered against you, so it is important that you file an Answer in a timely manner.
Allegations that are not denied in response to the Complaint or Petition are deemed admitted, so it is important that all allegations contained in the Complaint or Petition are addressed in your Answer. Your answers to the allegations in the Complaint or Petition should be set forth in a clear and plain statement. You may respond with:
• An admission or denial of the allegation
• A combination of an admission in part and a denial in part
• A claim that the defendant is without sufficient knowledge or information to for a belief as to the truth of the allegation, having the effect of a denial. If for some reason or another you don't have the Time, We Have a Service that can HELP!! Call or TEXT 347-469-1395 Email AnswerProSe@gmail.com and Leavee your contact Info.
requirements for writing an answer to a complaint, although they do not actually use the term
ReplyDelete“answer.” The answer serves two main purposes. First, because Rule 8(b) requires you to state
which parts of the complaint you admit and which parts you dispute, the answer shows both
sides where they disagree. Second, because Rule 12(b) requires you to state in the answer all
legal and factual defenses you believe you have to each of the claims against you, the answer
also informs the plaintiff what legal and factual issues you intend to bring up during the lawsuit.