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Massachusetts Answer to a Complaint

Massachusetts gives you 20 calendar days to answer a complaint under Mass. R. Civ. P. 12(a). File on time or the plaintiff can take a default judgment.

Introduction

A Massachusetts Answer to a Complaint is the written response you file with the clerk of the District Court, Boston Municipal Court, or Superior Court after you are served with the summons and complaint. It admits or denies the complaint's allegations, raises the affirmative defenses you intend to rely on, and, if you have a related claim, includes a counterclaim. Under Mass. R. Civ. P. 12(a), you must serve your responsive pleading within 20 days after you are served with the pleading that requires a response, unless the court orders otherwise. What sets a Massachusetts answer apart is that there is no statewide mandated general civil answer form. You type the answer as a pleading on a compliant caption that meets Mass. R. Civ. P. 10(a), then file it with the clerk of the court named in the summons and serve a copy on the plaintiff. The deadline is different in other tracks. Small claims requires no written answer at all, and a summary process (eviction) answer is due on a calendar-anchored court date rather than a fixed day count. Miss the deadline and, under Mass. R. Civ. P. 55(a), the clerk can enter your default. DocDraft drafts a Massachusetts-formatted answer from your facts, with attorney review available before you file.

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Key Things to Know

  1. 1

    Your deadline is 20 calendar days. Under Mass. R. Civ. P. 12(a) you must serve your responsive pleading within 20 days after you are served with the summons and complaint, unless the court directs otherwise.

  2. 2

    There is no statewide answer form. Massachusetts has no mandated general civil answer form, so you type the answer as a pleading on a compliant caption that meets Mass. R. Civ. P. 10(a), then file with the clerk of the court named in the summons.

  3. 3

    Small claims needs no written answer. Under Uniform Small Claims Rule 3, no written answer to the claim is required and the failure to file one does not result in default; you appear on the trial or hearing date stated in your notice.

  4. 4

    An eviction answer is tied to a court date, not a day count. In a summary process (eviction) case under Uniform Summary Process Rule 3, the answer is due no later than the first Monday after the Monday entry day, a calendar-anchored date rather than a fixed number of days from service.

  5. 5

    There is no fee to file an answer, and a waiver exists. The answer filing fee is $0, and if you cannot afford other court costs you can file an Affidavit of Indigency based on public assistance, income at or below 125% of the Federal Poverty Line, or inability to pay without depriving yourself of necessities.

  6. 6

    Where you file depends on the amount. General civil cases are heard in the District Court or Boston Municipal Court up to $50,000 and in the Superior Court over $50,000, and the small claims dollar cap is $7,000.

  7. 7

    A related claim may be compulsory. Under Mass. R. Civ. P. 13(a) a counterclaim arising out of the same transaction or occurrence as the plaintiff's claim must be stated, and the statute of limitations on a written contract is six years under Mass. Gen. Laws ch. 260, § 2.

Key Decisions

Responding to the Allegations

Affirmative Defenses and Counterclaims

Filing and Serving Your Answer

Customize your Answer to a Complaint Template with DocDraft

COMMONWEALTH OF MASSACHUSETTS

[COUNTY], ss. [DISTRICT COURT / BOSTON MUNICIPAL COURT / SUPERIOR COURT] DEPARTMENT

[PLAINTIFF NAME], Plaintiff, v. Civil Action No. [DOCKET NUMBER] [DEFENDANT NAME], Defendant.

DEFENDANT'S ANSWER TO COMPLAINT

Now comes the Defendant, [DEFENDANT NAME], and answers the Complaint of Plaintiff [PLAINTIFF NAME] as follows.

I. RESPONSES TO ALLEGATIONS

  1. Answering paragraph 1 of the Complaint, Defendant [admits / denies / is without knowledge or information sufficient to form a belief as to the truth of the allegations and therefore denies them].
  2. Answering paragraph 2 of the Complaint, Defendant [admits / denies / is without knowledge or information sufficient to form a belief and therefore denies]. [Continue for each numbered paragraph of the Complaint.]

II. AFFIRMATIVE DEFENSES [State each affirmative defense you intend to rely on, for example: the claim is barred by the six-year statute of limitations on a written contract under Mass. Gen. Laws ch. 260, section 2; payment; release; accord and satisfaction; fraud; statute of frauds; waiver.]

III. COUNTERCLAIM (if any) [State any claim you have against the Plaintiff. Under Mass. R. Civ. P. 13(a) a counterclaim arising out of the transaction or occurrence that is the subject matter of the Plaintiff's claim is compulsory and must be stated.]

IV. PRAYER FOR RELIEF WHEREFORE, Defendant requests that the Court dismiss the Complaint, that the Plaintiff take nothing, that Defendant recover costs, and that the Court grant any further relief it deems just.

Respectfully submitted,

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

CERTIFICATE OF SERVICE I certify that on [DATE] a true copy of this Answer was served on [PLAINTIFF / PLAINTIFF'S ATTORNEY] under Mass. R. Civ. P. 5(b), by delivering a copy or by mailing it to the last known address. [SIGNATURE]

Massachusetts Requirements for Answer to a Complaint

20-Day Answer Deadline

In a general civil case you must serve your responsive pleading within 20 days after you are served with the summons and complaint, unless the court directs otherwise, under Mass. R. Civ. P. 12(a). Small claims requires no written answer under Uniform Small Claims Rule 3, and a summary process (eviction) answer is due no later than the first Monday after the Monday entry day under Uniform Summary Process Rule 3.

No Statewide Form, Compliant Caption

Massachusetts has no mandated general civil answer form, so you type the answer as a pleading on a compliant caption that meets Mass. R. Civ. P. 10(a). The pleading admits or denies the complaint's allegations and states the affirmative defenses you intend to rely on.

Court Caption

Caption the answer for the court named in the summons, which for general civil cases is the District Court or Boston Municipal Court up to $50,000 or the Superior Court over $50,000. Under Mass. R. Civ. P. 10(a) include the name of the court, the parties, the docket number, and a title identifying it as the defendant's answer.

File With the Court Clerk

File your answer with the clerk of the court named in the summons. You can file in person, by mail, or electronically through eFileMA under Mass. R. Civ. P. 5(d), with e-filing optional for self-represented litigants.

Serve a Copy on the Plaintiff

Under Mass. R. Civ. P. 5(b), serve a copy of your answer on the plaintiff or the plaintiff's attorney by delivering a copy or by mailing it to the last known address, and keep proof of service.

No Answer Fee, Waiver Available

There is no fee to file an answer in Massachusetts; the answer filing fee is $0. If you cannot afford other court costs, file an Affidavit of Indigency based on receipt of public assistance, income at or below 125% of the Federal Poverty Line, or inability to pay without depriving yourself of necessities.

Affirmative Defenses

State each affirmative defense you intend to rely on, such as statute of limitations, payment, release, accord and satisfaction, fraud, statute of frauds, estoppel, or waiver. The statute of limitations on a written contract is six years under Mass. Gen. Laws ch. 260, section 2.

Compulsory Counterclaim If Any

Under Mass. R. Civ. P. 13(a), a counterclaim that arises out of the transaction or occurrence that is the subject matter of the plaintiff's claim is compulsory and must be stated, generally with your answer, or you can lose the right to bring it later.

Frequently Asked Questions

In a general civil case, Mass. R. Civ. P. 12(a) requires you to serve your responsive pleading within 20 days after you are served with the summons and complaint, unless the court directs otherwise. The deadline differs in other tracks. Small claims requires no written answer at all under Uniform Small Claims Rule 3, and a summary process (eviction) answer is due no later than the first Monday after the Monday entry day under Uniform Summary Process Rule 3. Missing your deadline can lead to a default judgment.

There is no statewide mandated general civil answer form in Massachusetts. You type the answer as a pleading on a compliant caption that meets Mass. R. Civ. P. 10(a), which includes the name of the court, the title of the action, the parties, and the docket number, with a title identifying it as the defendant's answer. The pleading admits or denies the complaint's allegations and states any affirmative defenses you intend to rely on.

File your answer with the clerk of the court named in the summons. General civil cases are heard in the District Court or Boston Municipal Court up to $50,000 and in the Superior Court over $50,000, while small claims up to $7,000 are heard in the Small Claims Session of the District Court or Boston Municipal Court. You can file in person, by mail, or electronically through eFileMA, with e-filing optional for self-represented litigants.

There is no fee to file an answer in Massachusetts; the answer filing fee is $0. If you cannot afford other court costs, you can file an Affidavit of Indigency to request a waiver. Eligibility is based on receipt of public assistance, income at or below 125% of the Federal Poverty Line, or an inability to pay the costs without depriving yourself of the necessities of life.

Under Mass. R. Civ. P. 55(a), when a party fails to plead or otherwise defend and that fact is made to appear by affidavit or otherwise, the clerk shall enter that party's default. You may be able to set the resulting judgment aside by filing a Motion for Relief from Judgment or Order under Mass. R. Civ. P. 60(b), which must be made within a reasonable time and not more than one year after the judgment, by showing mistake, inadvertence, surprise, or excusable neglect.

Yes, and you may be required to. Under Mass. R. Civ. P. 13(a), a counterclaim is compulsory if it arises out of the transaction or occurrence that is the subject matter of the plaintiff's claim, and it must be stated. A compulsory counterclaim is generally filed with your answer or it can be lost. A claim arising from a different transaction may be raised as a permissive counterclaim.