Ohio Answer to a Complaint
Ohio gives you 28 calendar days to answer a complaint under Ohio Civ.R. 12(A)(1). File your answer with the right court clerk to avoid a default judgment.
Introduction
An Ohio Answer to a Complaint is the written response you file after you are served with a civil summons and complaint. It admits or denies each numbered 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, Ohio Civ.R. 12(A)(1) gives you 28 calendar days after the summons and complaint are served to serve your answer. Ohio has no statewide mandated answer form, so you draft your own document with a caption that follows Ohio Civ.R. 10(A). Where you file depends on the amount in dispute. A municipal court handles claims up to $15,000, and the Court of Common Pleas handles larger civil cases. You file with the clerk of the court named in the summons, serve a copy on the plaintiff or the plaintiff's attorney under Ohio Civ.R. 5(B), and include a certificate of service. Miss the 28-day deadline and the plaintiff can apply for a default judgment under Ohio Civ.R. 55(A), which you would then have to move to set aside under Ohio Civ.R. 60(B). DocDraft drafts an Ohio-formatted answer from your facts, with attorney review available before you file.
Key Things to Know
- 1
Your deadline is 28 calendar days. In a general civil case, Ohio Civ.R. 12(A)(1) gives you 28 calendar days after the summons and complaint are served to serve your answer. When service is made by publication, the 28 days run from completion of service by publication.
- 2
There is no statewide answer form. Ohio does not mandate a fill-in answer form, so you draft your own document with a caption that follows Ohio Civ.R. 10(A), naming the court, the parties, and the case number from the summons.
- 3
Where you file depends on the amount. A municipal court hears civil claims up to $15,000, and the Court of Common Pleas hears larger cases. You file with the clerk of the court named in your summons.
- 4
Small claims and eviction work differently. In a small claims case (up to $6,000), Ohio Rev. Code 1925.05 requires no written answer, and in an eviction Ohio Rev. Code 1923.061(A) lets you raise any defense at trial, so do not assume the 28-day rule applies to those tracks.
- 5
You must serve the plaintiff and prove it. After filing, serve a copy of your answer on the plaintiff or the plaintiff's attorney under Ohio Civ.R. 5(B), typically by mail, hand delivery, or email, and include a certificate of service.
- 6
A standalone answer is usually free, and a waiver exists. Filing a standard standalone answer costs $0 in most counties, though fees apply if you add counterclaims. If you cannot afford court costs, you can request a waiver using Form 20, the Civil Fee Waiver Affidavit and Order.
- 7
Related claims may be compulsory. Under Ohio Civ.R. 13(A), a claim you have against the plaintiff that arises out of the same transaction or occurrence is a compulsory counterclaim, so raise it with your answer or you can lose it. The statute of limitations on a written contract is six years under Ohio Rev. Code 2305.06.
Key Decisions
Answer to a Complaint Requirements
The full name of the court and judicial district where the lawsuit was filed, exactly as it appears on the summons.
The plaintiff's and defendant's full legal names as listed in the complaint, with you named as the defendant.
The case or docket number assigned by the court, found on the summons and the complaint.
Customize your Answer to a Complaint Template with DocDraft
Ohio Requirements for Answer to a Complaint
In a general civil case, Ohio Civ.R. 12(A)(1) requires you to serve your answer within 28 calendar days after the summons and complaint are served on you. If service was made by publication, the 28 days run from completion of service by publication. Missing it exposes you to a default judgment under Ohio Civ.R. 55(A).
Ohio has no statewide mandated answer form, so you draft your own document. The caption must follow Ohio Civ.R. 10(A), naming the court, all parties, and the case number exactly as they appear on the summons and complaint.
File in the court named in your summons. A municipal court hears civil claims up to $15,000, and the Court of Common Pleas hears larger civil cases. Confirm whether your case is a small claims (up to $6,000) or eviction matter, which follow different rules.
Under Ohio Civ.R. 5(E), file your answer with the clerk of the court where the action is pending. You may file in person, by mail, or through mandatory e-filing where county local rules require it.
Under Ohio Civ.R. 5(B), serve a copy of the answer on the plaintiff or the plaintiff's attorney, typically by mail, hand delivery, or email, and include a certificate of service stating how and when you served it.
A standard standalone answer costs $0 to file in most Ohio counties, though fees apply if you add counterclaims. If you cannot afford court costs, request a waiver under Ohio Rev. Code 2323.311 using Form 20, the Civil Fee Waiver Affidavit and Order. Eligibility is generally income at or below 187.5% of the Federal Poverty Level, or expenses exceeding income.
Raise the affirmative defenses you intend to rely on, since many are waived if omitted. Common defenses include statute of limitations, payment, release, accord and satisfaction, fraud, and res judicata. The statute of limitations on a written contract is six years under Ohio Rev. Code 2305.06.
Under Ohio Civ.R. 13(A), a claim you have against the plaintiff arising out of the same transaction or occurrence as the plaintiff's claim is a compulsory counterclaim and must be raised with your answer or you can lose the right to bring it later. Unrelated claims are permissive.
Frequently Asked Questions
In a general civil case, Ohio Civ.R. 12(A)(1) gives you 28 calendar days after the summons and complaint are served to serve your written answer. If service was made by publication, the 28 days run from the completion of service by publication. The track matters: a small claims case requires no written answer because you appear at the hearing under Ohio Rev. Code 1925.05, and in an eviction you may assert any defense at trial under Ohio Rev. Code 1923.061(A). Missing your deadline can lead to a default judgment.
Ohio has no statewide mandated answer form. You draft your own answer as a document whose caption follows Ohio Civ.R. 10(A), which means it names the court, the parties, and the case number exactly as they appear on the summons and complaint. The body admits or denies each numbered allegation, states your affirmative defenses, and includes any counterclaim.
You file with the clerk of the court named in your summons. A municipal court handles civil claims up to $15,000, and the Court of Common Pleas handles larger civil cases. Under Ohio Civ.R. 5(E) you can file in person, by mail, or through mandatory e-filing where county local rules require it. You then serve a copy on the plaintiff or the plaintiff's attorney under Ohio Civ.R. 5(B) and include a certificate of service.
Filing a standard standalone answer costs $0 in most Ohio counties, though additional fees apply if you file counterclaims with it. If you cannot afford court costs, Ohio allows a fee waiver under Ohio Rev. Code 2323.311 using Form 20, the Civil Fee Waiver Affidavit and Order. Eligibility is generally based on income at or below 187.5% of the Federal Poverty Level, or expenses that exceed income.
If you fail to plead or otherwise defend, the plaintiff can apply for a default judgment under Ohio Civ.R. 55(A), and the court can grant the relief requested in the complaint. You may be able to set the judgment aside by filing a Motion for Relief from Judgment under Ohio Civ.R. 60(B)(1), based on mistake, inadvertence, surprise, or excusable neglect, no more than one year after the judgment was entered. Filing on time is the reliable path.
Yes, and some counterclaims are required. Under Ohio Civ.R. 13(A), a claim you have against the plaintiff that arises out of the same transaction or occurrence that is the subject of the plaintiff's claim is a compulsory counterclaim, meaning you must raise it with your answer or you can lose the right to bring it later. Unrelated claims are permissive and may be included at your option.