Help I’m being sued!
This section is designed to help consumers represent themselves in court. It is
intended to share knowledge and is by no means meant as legal advice; it simply
provides an over view to commonly asked questions regarding the judicial process.
If someone has filed a lawsuit against you, you may want to consult with an attorney.
I’ve Been Served
The Defendants Response
Answers Based on Merit
Affirmative Defenses
Raising Technical Defects
Cross Claims/Cross-Complaints or Counter Claims
Prayer for Relief
Your Signature
Free Stuff
I’ve Been Served
A Complaint is the document that starts a lawsuit. It outlines the underlying dispute,
the legal claims and the damages or other relief the Plaintiff (person brining fourth
the lawsuit) wants the court to award. After a Complaint is filed with the Clerk’s
office, the court issues a paper called a “summons”. The purpose of a summons is
to notify the person being sued also referred to as the Defendant of the reason
for the lawsuit, who is suing them, the case number and the date by which the next
pleading must be filed. The pleading is usually the Defendant’s answer to the claim.
The Plaintiff will then arrange for the summons and complaint to be served on the
Defendant. The rules regarding how a summons must be served (called “proof of service”)
varies by state; you can find Civil Procedures in you state’s statutes.
The Defendants Response
A Defendant must answer within a short period of time (often 30 calendar days or
fewer) from the date of service. If a defendant fails to respond in time, the Plaintiff
can apply for what is known as “Default Judgment”. This is a court order granting
judgment against the Defendant to pay the amount requested in the complaint, based
on failure to answer or defend against the lawsuit.
As a Defendant the last thing you want to do is lose by default. Generally you will
have to respond in writing once you’ve been served. The summons will specify the
exact time you have to file your answer.
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Answers Based on Merit
You can deny the claims made in the Complaint through a “general denial” which states
the Defendant denies each and every allegation. It’s fine to do this even if some
of the allegations are true. A general denial simply lets everyone know that the
defendant will force the plaintiff to prove it”. Check your court house rules to
determine if a general denial is acceptable by your court.
If you are not eligible to make a general denial, you will be required to answer
separately to each numbered paragraph of the Plaintiff’s Complaint. You may for
example verify that you at one time had several accounts with “Capital One” but
deny having knowledge of the particular account outlined in the claim. You are allowed
based on lack of knowledge or information. The answer may state, “Defendant has
no information, knowledge or belief regarding the allegation of paragraph four.
Based on such lack of information and belief denies the allegation.” Also it is
best to state when denying you owe money that you deny the amount claimed or any
other sum to avoid interpretation that you may owe another sum.
Affirmative Defenses
An Affirmative Defense consists of factual allegations. As the defendant, the burden
to raise any affirmative defenses that you plan to use and proof as to the validity
is your obligation. Common affirmative defenses are listed in Federal Rule of Civil
Procedure 8(c). One of the most common is:
The Statute of Limitations – an allegation that the Plaintiff failed to file the
Complaint within the time required by law
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Raising Technical Defects
You many file as part of your answer a Motion to Dismiss, claiming that the case
cannot proceed because the Plaintiff has violated one or more procedural rules.
If the case is dismissed and the statute of limitations expires before the Plaintiff
can re file, this can spell the end of the lawsuit. Some examples are:
Improper service – Your court rules will outline what is considered proper service.
For example instead of handing you the summons personally, The Plaintiff’s process
server left it on your doorstep.
Cross Claims/Cross-Complaints or Counter Claims,
It is rare for you to use as part of your answer a cross-complaint or cross claim
bringing a new third party into the case. In essence blaming someone else for the
harm the Plaintiff suffered. For example: Your sister stole your identity and opened
a credit card in your name. Therefore it was not you that is in breach of the contract.
Counter Claims
A Counter Claim is a way for a Defendant to make claims against and seek monetary
damages or other relief from a Plaintiff. It allows the Defendant to use an Answer
not only to deny a Plaintiff’s allegations but to claim the Plaintiff is actually
the party in default. A Defendant who wants a judgment against a Plaintiff for damages
must include a Counter Claim as part of their answer.
For Example: You were questioning the validity of a debt and wrote a debt validation
letter requesting no contact be made by phone until your request was granted. The
collection agency failed to provide validation. They also continued to harass you
by phone threatening to take your house if you did not pay the debt owed. Your Counter
Claim may state the Plaintiff was in violation of the Fair Debt Collection Practices
Act. You may be allowed $1,000 per violation if you can provide proof of your claims.
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Prayer for Relief
A Prayer for relief is the conclusion to your answer where you request the Plaintiff
take nothing. If your answer included a cross claim or counter claim, the prayer
may ask for monetary damages in a specified amount. It will be similar to the prayer
relief in the original Complaint against you.
Your Signature
You must sign the answer. Your signature usually follows the prayer
for relief. If the Complaint is verified, you’ll need to verify your answer. This
means you will have to include a statement such as “I declare under penalty of perjury
that the allegations in the Answer are true”. You can check your state’s law or
legal formbook for the specified wording.
Free Stuff
For samples of Answers look under the “store” heading for “Free Stuff”
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