Before you start
Be prepared for the time and effort of a lawsuit
To sue someone, you'll need to learn about the law and follow court rules, even if you're not a lawyer. There are freelegal resourcesto help.
A lawsuit can last at least a year, if not longer. During that time you and the other side often send court papers back and forth, asking the other side to turn over evidence or the judge to make a decision about something. If youfile an Answer, but then ignore your next steps, you may lose your case and even owe money to the other side if they hired a lawyer.
Check out a guide from the Sacramento County Law Libraryforresponding to a lawsuit. Much of the information applies to every county in California. Or contact your local law library for help in your county.
Expect to get legal documents in the mail. Once you file your Answer, watch for documents in the mail from the court and the other side (plaintiff). If you ignore these or miss a deadline, you can lose your case. If you move, let the court and plaintiff know your new address.
There is a deadline to file your Answer form
You must fill out an Answer, serve the plaintiff, and file your Answer form with the court. Generally, this is due within 30 days after you were served.
Ifyou don’t,the plaintiff can ask for adefault. If there's a default, the court won't let you fileanAnswerand can decide the case without you.
If you received the Complaint more than 30 days ago, check with the court to find out if the plaintiff got a default.If there isn’t a default, you can still file anAnswer.
FAQs
On a separate page or pages, write a short and plain statement of the answer to the allegations in the complaint. Number the paragraphs. The answer should correspond to each paragraph in the complaint, with paragraph 1 of the answer corresponding to paragraph 1 of the complaint, etc.
How do I file an answer in California? ›
Go to the courthouse address listed at the top of the Complaint you were served with. At the courthouse, file the forms by giving the original and the 2 copies of the Answer and Proof of Service to the clerk. The clerk will stamp the forms. The court will keep the original and return the copies to you.
What is the answer form? ›
An answer is a formal document filed by the defendant(s) with the proper court in which they were initially served a complaint. At Northwest Registered Agent, we offer a variety of free legal forms, from lawsuit answers to corporate bylaws, which you are free to download and use for your business.
How do I write an answer to a Summons? ›
Your answer should include the court name, case name, case number, and your affirmative defenses. Print three copies of your answer. File one with the clerk's office and mail (or “serve”) one to the plaintiff or plaintiff's attorney.
What do you write in a response? ›
A response paper (also known as a reflection or reaction paper) tends to be the most personal type of academic writing. Its purpose is to explain to a reader how you think or feel about a particular text. You may agree or disagree with an author, and in either case you'll want to explain to your reader why.
How long does a respondent have to answer in California? ›
File your Response within 30 days of getting the Petition. After 30 days, your spouse can ask for a default and the court can decide the case without you. You can choose not to respond because you and your spouse already have a written agreement. This is called a default with an agreement.
What is the deadline to file an answer in California state court? ›
Generally, you have 30 days AFTER the date you are served to file a response with the court. The 30 days include weekend days and court holidays. If the last day falls on a day that the court is closed, you have until the next day that the court is open.
What is an example of a responsive pleading? ›
A pleading that directly responds to the merits of the opponent's pleading, as opposed to filing a motion to dismiss or other attempt to reject a direct response. An answer to the complaint is an example of a responsive pleading.
What is the form of answer? ›
answer
| present simple I / you / we / they answer | /ˈɑːnsə(r)/ /ˈænsər/ |
|---|
| he / she / it answers | /ˈɑːnsəz/ /ˈænsərz/ |
| past simple answered | /ˈɑːnsəd/ /ˈænsərd/ |
| past participle answered | /ˈɑːnsəd/ /ˈænsərd/ |
| -ing form answering | /ˈɑːnsərɪŋ/ /ˈænsərɪŋ/ |
List of 1000+ V1 V2 V3 V4 V5 Words
| Regular Verbs |
|---|
| V1 | V2 | V3 |
|---|
| Answer | Answered | Answered |
| Assert | Asserted | Asserted |
| Annoy | Annoyed | Annoyed |
92 more rowsYou can start with a definition or facts. In the main body, explain the question at hand in detail. Organizing your argument into bullet points or paragraphs will make it easier for the examiner to go through the topic. Lastly, end your answer with a balanced conclusion that sums up all your arguments in 3 to 5 lines.
How to respond to summons in California? ›
You must fill out an Answer, serve the plaintiff, and file your Answer form with the court. Generally, this is due within 30 days after you were served. If you don't, the plaintiff can ask for a default. If there's a default, the court won't let you file an Answer and can decide the case without you.
How to write a legal letter of response? ›
What Should Be in Your Demand Letter Response?
- An acknowledgement of your receipt of their letter.
- Your analysis of the relevant facts. Be sure to be succinct, not verbose.
- Your basic reasoning as to why you are in the right (if you think you are.) ...
- Your counteroffer and a reasonable 'respond by' date.
How To Answer a California Court Summons for Debt Collection
- Step 1: Get an Answer Form. ...
- Step 2: Fill Out the Answer Form. ...
- Step 3: Assert Your Affirmative Defenses & Request to the Court. ...
- Step 4: Deliver a Copy of Your Answer to the Plaintiff. ...
- Step 5: File Your Answer Form and Pay the Filing Fee (or Request a Fee Waiver)
Write the introduction
Introduce the name and author of the work. Include a very brief summary in concise terms, establishing just enough for a reader who is otherwise unfamiliar with the material to be able to follow your analysis. Highlight the main points and areas you'll cover in the body of your paper.
How to write a legal response letter? ›
What Should Be in Your Demand Letter Response?
- An acknowledgement of your receipt of their letter.
- Your analysis of the relevant facts. Be sure to be succinct, not verbose.
- Your basic reasoning as to why you are in the right (if you think you are.) ...
- Your counteroffer and a reasonable 'respond by' date.
Make your response letter visually very clear. Answer every request or question, but use no more words than necessary. Be polite, diplomatic, and not defensive: use the “we're all on the same side” philosophy. Find peers or a mentor to review your author response letter—as well as your paper—before resubmission.
How do you write a legal reply brief? ›
Your reply brief should highlight the strength of your case. Focus on the important, winnable issues. Recite only the crucial facts and leading authority supporting your position. Weak arguments undermine your credibility.
