Form Ar-A 1403.2 - Answer / Response To Complaint / Petition Page 2
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6HOW TO PREPARE AND SEND AN
ANSWER/RESPONSE TO COMPLAINT/PETITION
What is an Answer/Response to Complaint/Petition?
(this is called a small claims case).
It is your written response to the claims in the
An eviction lawsuit (also called Forcible Entry and
o
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Plaintiff/Petitioner's Complaint/Petition.
Detainer).
The Plaintiff/Petitioner is the person or company suing
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you and is named first in the court papers.
Although you are not required to file an Answer/Response
to Complaint/Petition before you go to court for these
The Complaint/Petition is the document that the
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Plaintiff/Petitioner filed and served upon you with the
types of cases, the judge might order you to file an
Summons. The Complaint/Petition explains the
Answer/Response to Complaint/Petition after you go to
reasons the Plaintiff/Petitioner is suing you.
court.
Your Answer/Response to Complaint/Petition tells the
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court whether you agree or disagree with the
Where can I find the forms I need?
Plaintiff/Petitioner’s reasons for suing you.
You can find the forms at:
Is there a deadline for filing an Answer/Response to
Complaint/Petition?
What costs will I need to pay to file my
Yes. The Summons you received will tell you the
Answer/Response to Complaint/Petition?
deadline for filing your Appearance and
You may be required to file an Appearance at the
o
Answer/Response to Complaint/Petition. For instructions
same time you file your Answer/Response to
on how to file your Appearance see also How to File an
Complaint/Petition. There is a fee for filing the
Appearance at:
Appearance. An Appearance form can be found at:
.
.
Your Answer/Response to Complaint/Petition is
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Some courts do not require an Appearance. If your
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usually due at the same time as your Appearance.
court does not require an Appearance, you will be
The Summons might give you a specific time frame
o
charged an Appearance fee for filing your
for filing your Answer/Response to Complaint/Petition:
Answer/Response to Complaint/Petition.
– for example, within 7 or 30 days of when you
If you cannot afford to pay the filing fee, you can ask
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received the Plaintiff/Petitioner’s Complaint/Petition.
the court to file for free. Fill out the Application for
If the lawsuit is for money and involves more than
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Waiver of Court Fees to ask the court for a fee waiver.
$10,000 and up to $50,000, the Summons will tell you
This is a separate set of forms you can find at:
to appear in court at a specific date and time. You
.
must file your Answer/Response to Complaint/Petition
within 10 days of the date you appear in court.
What happens if I am required to file an
Please be aware that if you have a legal reason to
Answer/Response to Complaint/Petition but I don’t?
challenge the way the Summons and Complaint/Petition
The judge will find you in default and may rule in favor of
were received by you (service of process), or a legal
the Plaintiff/Petitioner.
reason to have the Complaint/Petition dismissed, you
need to file a Motion before you file your
Answer/Response to Complaint/Petition.
735 ILCS 5/2-
What if I think I may have Affirmative Defenses or
301;
735 ILCS
5/2-615. You should consult with an
Counterclaims?
attorney about whether you have a legal reason to
An affirmative defense is a legal reason why you are not
challenge how the Complaint/Petition was received or
responsible to the Plaintiff/Petitioner. If you have
whether you have a legal reason to have it
affirmative defenses, you have to include them in your
dismissed. The blank Motion form can be found at:
Answer/Response to Complaint/Petition. Examples of
.
affirmative defenses include:
that the Plaintiff/Petitioner waited longer than the law
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Does everyone who receives a Summons and
allows to file the Complaint/Petition; OR
Complaint/Petition have to file an Answer/Response
that the claim was already brought and resolved by
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to Complaint/Petition?
another, earlier judgment.
735 ILCS 5/2-613
There are two kinds of cases where you must appear in
These are just a few examples of affirmative defenses.
person but are not required to file a written
Counterclaims are legal claims that you have against the
Answer/Response to Complaint/Petition:
Plaintiff/Petitioner regarding the issues in this case.
The lawsuit is for money and involves $10,000 or less
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The counterclaim must be filed at the same time as your
Find Illinois Supreme Court approved forms at: .
AR-I 1402.2
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