Responding to a Civil Summons: Preventing Default Judgments
Being served with a state court summons and complaint initiates an unforgiving countdown. If you fail to file an answer or legally recognized responsive motion within the statutory deadline, the court will enter a Default Judgment against you, resulting in wage garnishment, bank levies, or property liens.
Essential Components of an Answer
- Admissions, Denials, and Lack of Knowledge: Respond directly to each numbered paragraph of the complaint. State whether you admit the allegation, deny it, or lack sufficient knowledge to form a belief as to its truth.
- Affirmative Defenses: You must explicitly assert all affirmative defenses (such as statute of limitations, accord and satisfaction, fraud, or failure of consideration) in your answer or they are permanently waived under state civil rules.
- Certificate of Service: Certify that a true copy of the answer was served upon the plaintiff's attorney via certified mail or the court's electronic filing system.