DocDraft Logo

Mississippi Answer to a Complaint

Mississippi gives you 30 calendar days to answer a complaint under M.R.C.P. 12(a). There is no state form, so file a typed pleading or risk a default.

Introduction

A Mississippi Answer to a Complaint is the written response you file with the clerk of the court after you are served with a summons and the plaintiff's complaint. It admits or denies each allegation, raises the affirmative defenses you intend to rely on, and, if you have a related claim of your own, includes a counterclaim. In a general civil case, Miss. R. Civ. P. 12(a) gives you 30 calendar days after the summons and complaint are served to serve your answer. What sets a Mississippi answer apart is that there is no standardized statewide answer form. You type the answer as a pleading on a caption that complies with Miss. R. Civ. P. 10(a), naming the court, the parties, and the cause number, then file it with the clerk of the Circuit, County, or Chancery Court named in the summons. You serve a copy on the plaintiff or the plaintiff's attorney under Miss. R. Civ. P. 5. Miss the deadline and the clerk can enter your default under Miss. R. Civ. P. 55(a), after which the court can enter a default judgment that you would then have to move to set aside under Miss. R. Civ. P. 60(b). DocDraft drafts a Mississippi-formatted answer from your facts, with attorney review available before you file.

0/5000

Key Things to Know

  1. 1

    Your deadline is 30 calendar days. Under Miss. R. Civ. P. 12(a) you must serve your answer within thirty days after the summons and complaint are served on you. Because 30 days is longer than 7, the count runs on calendar days with no weekend or holiday exclusion.

  2. 2

    There is no statewide answer form. Mississippi does not publish a standardized answer form. You type the answer as a pleading on a caption that complies with Miss. R. Civ. P. 10(a), stating the court, the parties' names, and the cause number.

  3. 3

    The court depends on the type of case. General civil cases are heard in the Circuit Court, the County Court, or the Chancery Court. County Court has jurisdiction up to $200,000, Circuit Court hears general civil matters, and Chancery Court handles equity, family, and estate matters.

  4. 4

    Justice Court works differently and uses no written answer. Small money matters go to Justice Court, where there is no separate small-claims court. Under Miss. Code Ann. 11-9-105 the summons sets the date the defendant must appear and defend, and failing to appear results in a default judgment.

  5. 5

    An eviction has no separate written answer deadline. In a residential eviction the summons commands the tenant to vacate or to show cause before the judge on a day named in the summons under Miss. Code Ann. 89-8-35, so the obligation is to appear on that date, not to file a paper answer.

  6. 6

    There is no fee to file an answer, and a waiver exists. The fee to file a standard answer is $0. If you cannot afford other court costs, you can file a Motion to Proceed In Forma Pauperis with a Pauper's Affidavit based on inability to pay due to poverty.

  7. 7

    A related claim may be compulsory. Under Miss. R. Civ. P. 13(a) a counterclaim that arises out of the same transaction or occurrence as the plaintiff's claim is compulsory and must be filed with your answer, and the statute of limitations on a written contract is three years under Miss. Code Ann. 15-1-29.

Key Decisions

Responding to the Allegations

Affirmative Defenses and Counterclaims

Filing and Serving Your Answer

Customize your Answer to a Complaint Template with DocDraft

IN THE [CIRCUIT / COUNTY / CHANCERY] COURT OF [COUNTY] COUNTY, MISSISSIPPI

[PLAINTIFF NAME], Plaintiff, v. Cause No. [CAUSE NUMBER] [DEFENDANT NAME], Defendant.

ANSWER OF DEFENDANT

Defendant [DEFENDANT NAME] files this Answer to the Complaint of Plaintiff [PLAINTIFF NAME] and states 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 on that basis denies them].
  2. Answering paragraph 2 of the Complaint, Defendant [admits / denies / is without knowledge or information sufficient to form a belief and on that basis 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 three-year statute of limitations on a written contract under Miss. Code Ann. 15-1-29; payment; release; accord and satisfaction; estoppel; statute of frauds; res judicata.]

III. COUNTERCLAIM (if any) [State any claim you have against the Plaintiff. Under Miss. R. Civ. P. 13(a) a counterclaim arising out of the same transaction or occurrence is compulsory and must be filed with this answer.]

IV. PRAYER FOR RELIEF WHEREFORE, Defendant prays that the Complaint be dismissed, that Plaintiff take nothing, that Defendant recover costs, and that the Court grant all other relief to which Defendant is justly entitled.

Respectfully submitted,

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

CERTIFICATE OF SERVICE I certify that on [DATE] a true copy of this answer was served on [PLAINTIFF / PLAINTIFF'S ATTORNEY] under Miss. R. Civ. P. 5, by [delivering it / mailing it to the last known address / electronic means where MEC is adopted]. [SIGNATURE]

Mississippi Requirements for Answer to a Complaint

30-Day Answer Deadline

In a general civil case you must serve your answer within thirty calendar days after the summons and complaint are served on you, under Miss. R. Civ. P. 12(a). Because 30 days is longer than 7, the period runs on calendar days with no weekend or holiday exclusion. In Justice Court there is no written answer; the defendant appears and defends on the date named in the summons under Miss. Code Ann. 11-9-105.

No State Form, Typed Pleading

Mississippi has no standardized statewide answer form. Type the answer as a pleading and file it on a compliant caption. The body admits or denies the allegations of the complaint, sets out your affirmative defenses, and includes any counterclaim you are bringing.

Rule 10(a) Caption

Caption the answer for the court named in the summons under Miss. R. Civ. P. 10(a), stating the name of the court, the title of the action with the parties' names, the cause number, and the designation of the pleading. General civil cases are captioned for the Circuit, County, or Chancery Court where the suit was filed.

File With the Court Clerk

File your answer with the clerk of the court named in the summons. Under Miss. R. Civ. P. 5(e) the Mississippi Electronic Court system is optional unless the court has adopted it by local rule, in which case electronic filing is mandatory.

Serve a Copy on the Plaintiff

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

No Answer Fee, Pauper Waiver

The fee to file a standard answer in Mississippi is $0. If you cannot afford other court costs, file a Motion to Proceed In Forma Pauperis with a Pauper's Affidavit, based on inability to pay due to poverty, with household income typically at or below 125 percent of the Federal Poverty Level.

Affirmative Defenses

State each affirmative defense you intend to rely on, such as statute of limitations, payment, release, accord and satisfaction, estoppel, statute of frauds, fraud, waiver, or res judicata. The statute of limitations on a written contract is three years under Miss. Code Ann. 15-1-29.

Compulsory Counterclaim If Any

Under Miss. 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 filed with your answer, or you can lose the right to bring it later. A claim from a different transaction may be raised as a permissive counterclaim under Miss. R. Civ. P. 13(b).

Frequently Asked Questions

In a general civil case, Miss. R. Civ. P. 12(a) requires you to serve your answer within thirty days after the summons and complaint are served on you. Because the period is longer than seven days, it is counted on calendar days. The obligation differs in other tracks. In Justice Court, where small money matters are heard, there is no written answer and the defendant must appear and defend on the date named in the summons under Miss. Code Ann. 11-9-105. In a residential eviction, the summons sets a show-cause date under Miss. Code Ann. 89-8-35 rather than a paper answer deadline. Missing your deadline can lead to a default judgment.

Mississippi does not publish a standardized statewide answer form. You type your answer as a pleading on a caption that complies with Miss. R. Civ. P. 10(a), which states the name of the court, the title of the action with the parties' names, the cause number, and the designation of the pleading. The body admits or denies the allegations of the complaint, sets out any affirmative defenses, and includes any counterclaim you are bringing.

File your answer with the clerk of the court named in the summons. General civil cases are heard in the Circuit Court, the County Court for amounts up to $200,000, or the Chancery Court for equity, family, and estate matters. Under Miss. R. Civ. P. 5(e) the Mississippi Electronic Court system is optional unless the court has adopted it by local rule, in which case electronic filing is mandatory.

The fee to file a standard answer in Mississippi is $0. If you cannot afford other court costs, you can ask the court to waive them by filing a Motion to Proceed In Forma Pauperis with a Pauper's Affidavit. Eligibility is based on inability to pay due to poverty, with household income typically at or below 125 percent of the Federal Poverty Level.

Under Miss. R. Civ. P. 55(a), when a party fails to plead or otherwise defend and that fact is shown by affidavit or otherwise, the clerk enters that party's default, and the court can then enter a default judgment. You may be able to set the judgment aside by filing a Motion to Set Aside Default Judgment under Miss. R. Civ. P. 60(b), brought within a reasonable time and, for reasons such as fraud, mistake, or newly discovered evidence, not more than six months after the judgment, on a showing of good cause.

Yes, and you may be required to. Under Miss. 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 a compulsory counterclaim must be filed with your answer or it can be lost. A claim arising from a different transaction may be raised as a permissive counterclaim under Miss. R. Civ. P. 13(b).