Defendants Original Answer (Page 2 of 2) in pdf

This letter is provided for general information only, and is not

intended

specific legal advice for a particular situation

This is a generic Defendant’s Original Answer form containing a general denial of

plaintiff’s claims. It should only be used if you are up against a deadline and need to

prevent a default judgment being entered. It is NOT adequate to make the suit go away.

After your answer is filed, the plaintiff can take steps to prove its case. DO NOT

IGNORE anything you receive from the court or the plaintiff. There are many defenses

not covered by a general denial that must be specifically addresses or sworn to. SEEK

LEGAL ADVICE.

Before you file your answer make sure you have been sued in the correct

precinct. You can phone the clerk of the court to find out

you have been sued in the

correct precinct, If the precinct is not the one where you live, you need to tell the court

(in writing) that you have been sued in the wrong precinct and request the “venue”

(place where the suit is to proceed) be changed to your precinct. Venue must be filed

concurrently with the general denial or you will not be permitted to move the

case.

Fill in the blank lines on the other side of this form with the appropriate

information.

•

The person suing you is the plaintiff. You are the defendant.

•

You are required to mail a copy of Defendant’s Original Answer to the

plaintiff. If they are represented by an attorney you must mail it to the

attorney. The Certificate of Service at the bottom of the page is the notice

to the court that you have done so.

•

The best practice is to take your original answer and one copy to the clerk

of court for the precinct where you have been sued and hand it to the

clerk to be filed. She will keep the original and give the copy back to you

with a stamp showing the filing date. Keep this copy as it is your proof

that you filed your answer on time.

•

Some precincts will permit you to file your answer by fax or enter a

denial over the telephone. Call the clerk to find out what they

permit. If you mail it, be sure it is post-marked prior to 10:00 a.m.

on the deadline day.

Please remember that every case is different and this general form may not be the

strongest or best response to your lawsuit. If you use the general form, please

consult with an attorney after you have met the filing deadline. Your attorney may

need to file an amended answer to best present your defense(s).

Defendants Original Answer Page 2