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Answer to a Complaint

Respond to a lawsuit with an Answer to a Complaint. Admit or deny each claim, avoid default judgment.

Introduction

An Answer to a Complaint is the written response a defendant files after being served with a lawsuit. It tells the court which of the plaintiff's allegations you admit, which you deny, and which you lack enough information to answer, and it is where you raise the defenses that could defeat or limit the claim against you. Filing it on time is the part that matters most. If you do not respond within your deadline, the plaintiff can ask the court for a default judgment, and the court can decide the case against you without ever hearing your side. Most states give a defendant 20 to 30 days from the date of service, federal court allows 21 days, and the exact count depends on your state and how you were served. Once that window closes, your options narrow quickly. A complete answer does more than say no. It responds to each numbered allegation, asserts any affirmative defenses you intend to rely on (many are waived if left out), and can include counterclaims against the plaintiff. DocDraft drafts a properly formatted answer from your facts, with attorney review available before you file.

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Key Things to Know

  1. 1

    Your deadline to answer is firm. Most states allow 20 to 30 days from the date you were served, and federal court allows 21 days. Miss it and the plaintiff can seek a default judgment against you.

  2. 2

    You must respond to every numbered allegation in the complaint. For each one you admit it, deny it, or state that you lack enough knowledge to admit or deny, which the law treats as a denial.

  3. 3

    Affirmative defenses belong in the answer. Defenses such as the statute of limitations, improper service, or payment can be waived if you do not raise them in your response.

  4. 4

    You can file counterclaims with your answer if you have your own claims against the plaintiff arising from the same dispute.

  5. 5

    The deadline can change with how you were served. New York, for example, allows 20 days if you were personally handed the papers in-state and 30 days if you were served another way.

  6. 6

    Filing is not the last step. You must also serve a copy of your answer on the plaintiff or their attorney and file the original with the court named in the summons.

  7. 7

    Answering preserves your right to be heard. It is what keeps you in the case and lets you contest the claim, negotiate, or settle on your terms rather than the plaintiff's.

Key Decisions

Responding to the Allegations

Affirmative Defenses and Counterclaims

Filing and Serving Your Answer

Customize your Answer to a Complaint Template with DocDraft

[COURT NAME AND JUDICIAL DISTRICT]

[PLAINTIFF NAME], Plaintiff, v. Case No. [CASE NUMBER] [DEFENDANT NAME], Defendant.

ANSWER TO COMPLAINT

Defendant [DEFENDANT NAME], answering the Complaint of Plaintiff [PLAINTIFF NAME], admits, denies, and alleges as follows:

RESPONSES TO ALLEGATIONS

  1. Answering paragraph 1 of the Complaint, Defendant [admits / denies / lacks sufficient knowledge or information to admit or deny and on that basis denies] the allegations.
  2. Answering paragraph 2 of the Complaint, Defendant [admits / denies / lacks sufficient knowledge or information to admit or deny] the allegations. [Continue for each numbered paragraph of the Complaint.]

AFFIRMATIVE DEFENSES First Affirmative Defense: [e.g., the claim is barred by the applicable statute of limitations]. Second Affirmative Defense: [e.g., the alleged debt has been paid in full]. [Add each affirmative defense you intend to rely on.]

COUNTERCLAIMS (if any) [State any claims you have against the Plaintiff arising from the same transaction or occurrence.]

PRAYER FOR RELIEF WHEREFORE, Defendant requests that the Court dismiss the Complaint, enter judgment in Defendant's favor, award costs of suit, and grant any further relief the Court deems just.

Dated: [DATE] [SIGNATURE] [DEFENDANT NAME], Defendant [Pro Se] [ADDRESS / PHONE / EMAIL]

CERTIFICATE OF SERVICE I certify that on [DATE] I served a copy of this Answer on [PLAINTIFF / PLAINTIFF'S ATTORNEY] at [ADDRESS] by [mail / electronic service / hand delivery]. [SIGNATURE]

Frequently Asked Questions

It depends on your court. Federal court allows 21 days after you are served with the summons and complaint, and 60 days if you waived formal service. Most states allow 20 to 30 days. A handful differ: New Jersey allows 35 days, Ohio allows 28, and New York allows 20 days for in-state personal service or 30 days for other service methods. Check your summons and your state's rule, because a missed deadline can lead to a default judgment.

Yes. You have the right to represent yourself, and many defendants file their own answer. The answer has to follow your court's format, respond to each allegation, and be filed and served on time. DocDraft drafts a properly formatted answer from your facts, and attorney review is available before you file.

A default judgment is a ruling the court enters against you when you do not respond to a lawsuit on time. Because you never answered, the court can accept the plaintiff's allegations and award what they asked for, which may include money, wage garnishment, or a bank levy. Filing your answer by the deadline is what prevents it.

Yes. An answer addresses each numbered paragraph of the complaint one by one. For each allegation you admit it, deny it, or state that you lack enough knowledge to admit or deny it. Allegations you do not address can be treated as admitted, so silence works against you.

An affirmative defense is a reason the plaintiff should not win even if their allegations were true, such as the statute of limitations having expired, the debt already being paid, improper service, or fraud. You generally have to raise affirmative defenses in your answer, because many are waived if you leave them out.

File the original answer with the clerk of the court named in your summons, in person or electronically where the court allows it, before your deadline. Keep a stamped copy for your records. Many courts also charge a filing fee, with a fee waiver available if you cannot afford it.

After filing, you serve a copy on the plaintiff or their attorney, usually by mail or electronic delivery where permitted, and you note how and when you served it in a certificate of service filed with the court. Serving the answer is required, not optional.

The plaintiff can ask the court to enter a default and then a default judgment against you. In some courts you can move to set aside a default if you act quickly and show good cause, but that is harder and not guaranteed. The reliable path is to file your answer on time, or to ask the court or the plaintiff for an extension before the deadline passes.