This section will talk about what to expect from the rest of the case after filing the Answer.
DISCLAIMER: The discovery process can be very complicated. It is strongly recommended that you seek the assistance of a licensed attorney.
Once you have completed and signed your Answer, make two copies of it.
Take the original and the two copies to the Clerk of Court. The clerk will timestamp all three copies, keep the original, and give you back the two copies.
At the bottom of each page is a pair of blanks. This is for page numbers.
Using the first blank on each page, number the pages of your Answer.
After you’ve numbered all the pages, but the total number of pages in the second blank on every page.
Fill in the blanks on the signature block with your information. Sign on the signature line.
This is how the court and the lender’s attorney will contact you. Make sure that you can get mail at that address, and make sure that your phone number is working.
Summarize everything you have asked for in the answer in a simple, plain list that tells the court what you want it to do for you.
The sample Answer has a page with blank lines titled Defenses and Counterclaims.
A Defense is where you tell the court why the lender should not get what it wants. You don’t need to repeat that you disagree with what they said, but if something they didn’t mention would make a difference in the case, this is where you say it.
While looking at the Complaint, go through each numbered paragraph and decide whether you agree or disagree with that statement.
List all of the numbers for the paragraphs you agree with on Line 2.
List all of the numbers for the paragraphs you disagree with on Line 3.
This tells the court what lawsuit you are answering. MAKE SURE THAT THIS IS CORRECT!
If you have the wrong information here, they might put it in the wrong file. If that happens, they won’t know you answered, and you could lose the case automatically.
When preparing your Answer, it helps to have the paperwork that you were served in front of you.
First, locate the Complaint. It will say “COMPLAINT” in the same place where you can see the word “ANSWER” in the sample caption below.
BEFORE YOU BEGIN
In general, it is best if you seek assistance from an attorney to answer a complaint.
