Responding To A Complaint If You've Been Sued
In a civil lawsuit case, the answer is the defendant’s response to the plaintiff’s complaint within 21 days of service.
The answer gives the defendant a chance to respond to each claim the plaintiff makes in the complaint. The defendant can also raise affirmative defenses or raise additional claims related to the plaintiff’s case, either by making a counterclaim against the plaintiff, a cross-claim against another defendant, or by bringing up a third-party claim that names someone not mentioned by the plaintiff. If the plaintiff has named more than one defendant, each defendant usually files his, her, or its own answer.
It is wise to seek the advice of an attorney before filing an answer. Some defenses, such as Failure to State a Claim and Statute of Limitations, should be raised in the answer, or they may be deemed waived by the Court.
If you fail to answer the plaintiff’s complaint, they will file a motion for Entry of Default Judgment. If the judge approves the motion, a formal Default Judgment will be entered, ordering you to pay damages.