what happens when someone files an answer to a suit from the attorney generals office

Answer/Discovery -- If the defendant files an Answer to the Complaint, litigation continues, with each party having the opportunity to discover facts about the other party's case. Appropriately, this process is called discovery, and through it, each side may serve the other with Request for Documents relative to the events that led to the lawsuit.

Full Answer

What is an answer in a lawsuit?

How does a plaintiff start a lawsuit?

How long do you have to pay a default judgment in Minnesota?

What happens if you ignore a lawsuit in Minnesota?

What happens if you don't return a summons and complaint?

How much money can a creditor file in conciliation court?

What is a lawsuit in Minnesota?

See 4 more

About this website

How do you respond to a lawsuit against you?

Below are a few options you can consider:File an answer. The most common way to respond to a complaint is by filing an answer. ... Negotiate. Being served with a lawsuit does not automatically mean you need to appear in court. ... Request more information from the plaintiff. ... Cross-complain. ... File a motion to dismiss.

What happens if someone doesn't respond to a lawsuit?

You Can Lose By Default: If the Plaintiff files this form, the Court can enter a judgment against you. The Plaintiff will win the case. Then, the Plaintiff can enforce the judgment against you. This can mean getting money from you by garnishing your paycheck or putting a lien on your house or car.

How do you respond to a summons in writing?

Replying to a summons in writing requires you to sign and date your reply. You should keep a copy for yourself before mailing the original to the plaintiff (or the plaintiff's attorney) stated in the summons. You must also file your answer with the court.

How do you answer a summons in NYS?

You can either answer the summons in writing or in person. If you answer in person, you must go to the courthouse clerk's office and tell the clerk about your defenses to the plaintiff's claims. The clerk will check off the boxes in a Consumer Credit Transaction Answer In Person form.

What happens after interrogatories are answered?

What happens once you receive an interrogatory? All of the questions must be responded to in writing and it must be done under oath. Often, once you answer the questions, the other side will use the answers to gather more information.

What are the stages of a civil case?

Stages in Civil LitigationFiling of Plaint. The facts and summary of the case are recorded in the plaint, which is a legal document. ... Issuing of Summons. ... The appearance of the Parties to the Dispute. ... Interlocutory Proceedings. ... Written Statement. ... Examination. ... Framing of the Issues Involved. ... Documents Required.More items...•

What happens if a defendant does not respond to a summons?

— If the defendant fails to answer within the time specified in these rules, the court shall, upon motion of the plaintiff, order judgment against the defendant by default, and thereupon the court shall proceed to receive the plaintiff's evidence and render judgment granting him such relief as the complaint and the ...

What is a summons answer?

summons, also called Citation, in law, document issued by a court ordering a specific person to appear at a specific time for some specific purpose. It is issued either directly to the person or to a law officer who must carry out the instructions.

What happens if a defendant does not pay a judgment?

Assuming the Defendant fails to make the payment, then the execution court can take the following measures against the Defendant: Attachment and sale of the Defendant's property (movables). Attachment of stocks, bonds and shares. Attachment and sale of land/ property.

What does file an answer mean?

An answer is a formal written response to the plaintiff's complaint in which the defendant responds to all of the allegations in the complaint and sets forth any defenses to all or part of plaintiff's claims. An answer is filed by the defendant after s/he has been served with a copy of the complaint.

How do you answer a summons without a lawyer?

Take your written answer to the clerk's office. If you've decided to take your answer to the clerk's office in person for filing, bring your originals plus at least 2 copies. The clerk will take your documents and stamp each set of papers "filed" with the date. They will then give the copies back to you.

Do answers need to be verified in NY?

Generally, if the complaint has been sworn to (verified), then the answer must be verified as well. See CPLR 3020. In any event, the answer must be signed by defendant's attorney or by defendant if self-represented.

How do you answer a summons without a lawyer?

Take your written answer to the clerk's office. If you've decided to take your answer to the clerk's office in person for filing, bring your originals plus at least 2 copies. The clerk will take your documents and stamp each set of papers "filed" with the date. They will then give the copies back to you.

How do you answer a complaint?

How to Respond to Customer ComplaintsListen to or read the customer's complaint.Take a moment to process the criticism.Determine what action you'll take to address the problem.Thank the customer for their feedback.Apologize and reiterate your understanding of the issue.More items...•

How do I file an answer to a summons in Illinois?

File the answer with the court and serve the plaintiff. The way to do that is to follow the instructions for e-filing. If you do not have access to a computer, then you can go to the Circuit Court Clerk's office for help e-filing your Answer; in some areas, you may be required to use a public terminal to e-file.

How do you answer a summons in Florida?

Write in the name and address of the person who filed the Complaint against you, or the name and address of their attorney. You can find this on the Summons that you received. At the end, add your address and phone number and sign the answer.

HOW TO FILE AN ANSWER TO A COMPLAINT WITHOUT AN ATTORNEY - SEOLS

Answer Instructions Page 2 of 3 You should address the Judge as “Your Honor.” Then tell the Judge that you are writing to him or her about a lawsuit filed against you in the Judge’s court.

LAWSUIT ANSWER TO COMPLAINT- Free Template and how to guide

Lawsuit Answer Template. The answer will deny or admit the allegations, line-by-line as requested in the complaint. Additionally, the answer is important to bring any defenses the defendant may want to raise such as the claim is beyond the statute of limitations or that there is no claim for which damages is owed.. A defendant may also want to counterclaim, or seek damages for something they ...

Answer a "Summons and Complaint" - Debt Collector Lawsuits

Welcome! This free program helps you create an Answer to a Summons and Complaint regarding money that someone says you owe. The program works by asking you questions. It uses your answers to fill out your form. You can print your form and file it with the court. You need to send a written Answer within 20 days from when you got the Summons and Complaint papers.

Responding To A Complaint If You've Been Sued

A nonprofit law firm dedicated to providing civil legal services to the most vulnerable in our community. We are a non-profit 501(c)(3) charitable organization dedicated to providing free community legal services to Clark County's low income residents since 1958.

Drafting an Answer to a Civil Complaint - Lawshelf

A civil action begins with the pleadings: the complaint and the answer. This presentation focuses on preparing the answer to a previously filed complaint. The presentation goes through the elements of an answer and uses sample provisions to illustrate its points.

What is an answer in a lawsuit?

An Answer is a legal document that responds to the factual allegations and legal claims in the Complaint. If you wish to contest the lawsuit, it is very important that you provide an Answer to the Plaintiff within the required time period. If you do not provide an Answer in a timely fashion, the Plaintiff may get a “default judgment” against you.

How does a plaintiff start a lawsuit?

A Plaintiff typically starts a lawsuit by serving a Summons and Complaint on the Defendant in one of two ways: by delivering it to the Defendant personally or leaving it at the Defendant's home with a person of suitable age and discretion ; or. by mail, if the Defendant agrees in writing to accept service of the Summons and Complaint by mail ...

How long do you have to pay a default judgment in Minnesota?

If you are served in person with a Summons and Complaint, you generally have 20 days in Minnesota state district court to provide an Answer to the Plaintiff’s lawyer.

What happens if you ignore a lawsuit in Minnesota?

If you ignore a lawsuit against you, you could be found to be in "default." Under Minnesota law, when a Defendant does not Answer a lawsuit, a Plaintiff may ask the court for a default judgment.

What happens if you don't return a summons and complaint?

If you are served with the Plaintiff’s Summons and Complaint by mail and do not return the form stating you agree to accept these documents by mail, you may be charged the costs associated with the Plaintiff serving you personally. Your attorney can draft an Answer for you. Generally, the Answer is in a format similar to the lawsuit itself.

How much money can a creditor file in conciliation court?

If the amount involved is less than the $15,000 currently allowed in conciliation court, which is sometimes referred to as small-claims court, a creditor may file claim in conciliation court. The general purpose of conciliation court is to help parties recover relatively small sums of money without having to hire a lawyer. Once the Plaintiff files a claim, a hearing is scheduled, and the court administrator’s office will mail notices to the Plaintiff and Defendant indicating the date and time of the hearing. If the claim exceeds $2,500, the Plaintiff must then serve the summons upon the Defendant by certified mail. If you are served with a conciliation court lawsuit, you are required to attend the hearing to avoid a default judgment. For more information, you may wish to review the brochure prepared by this Office entitled Conciliation Court: A User's Guide to Small Claims Court, which outlines the conciliation court process.

What is a lawsuit in Minnesota?

A lawsuit is started against a person in Minnesota state courts by service of legal documents called a Summons and Complaint. The person or company bringing the lawsuit is known as the “Plaintiff.”. The person being sued is known as the “Defendant.”. The Complaint is a legal document in which the Plaintiff explains the factual allegations ...

Who must respond to the plaintiff's questions and requests for documents?

Each defendant, with the assistance of the defense lawyer, must respond to the plaintiff’s questions and requests for documents. Likewise, the defense lawyer will send the plaintiff interrogatories and requests for documents seeking:

Who responds to a complaint in a lawsuit?

The defendant’s liability insurance company will hire an attorney to respond to the Complaint with a document called an Answer. Sometimes, you might hear people discuss the “parties” to a lawsuit. The parties to the suit are the “plaintiff” and the “defendant.” The injured claimant is the plaintiff.The individuals or entities who are being sued are the defendants.

What is the purpose of a deposition?

The primary purposes of a deposition are to: Learn what a particular party or witness knows about information relevant to the case; Find out what that party or witness is likely to say at trial. The plaintiff (through his or her attorney) has an opportunity to depose the defendant about how the incident occurred.

What is a written request for a plaintiff?

The plaintiff typically serves written questions and written requests upon the defendant (s). The written questions are called “interrogatories.”. These questions are designed to “discover” information about the defendant (s), how the defense contends the incident occurred, and any defenses they have asserted.

What happens when you file a lawsuit in Virginia?

In Virginia, cases valued at less than $25,000 may be filed in General District Court. The process for those cases is very different than for cases filed in Circuit Court, which typically involve cases with an anticipated value higher than $25,000.

Who is the plaintiff in a lawsuit?

The parties to the suit are the “plaintiff” and the “defendant.”. The injured claimant is the plaintiff.The individuals or entities who are being sued are the defendants. Filing a lawsuit does not guarantee that there will be a trial. The plaintiff always has the option of negotiating a reasonable settlement during the course of litigation.

Who obtains the complaint and service documents from the clerk's office?

The sheriff’s office or a private process server obtains the Complaint and service documents from the clerk’s office and serves them on the defendant (s)

What is the answer to a lawsuit?

An answer is your opportunity to respond to the complaint’s factual allegations and legal claims. It also allows you to assert "affirmative defenses," facts or legal arguments you raise to defeat plaintiff’s claim. Filing an answer prevents the plaintiff from getting a default judgment against you. It signals to the court and the other side that you intend to defend the case.

What happens if you don't file a written response?

If you do not file a written response within the required time, the “plaintiff” (the party suing you) can ask the court for a default judgment against you for everything she asked for in her complaint. After the plaintiff gets a default judgment, she can try to garnish your wages, attach your bank account, or take your property.

What is a counterclaim?

Compulsory counterclaims. If your claim arises out of the same transaction that underlies the plaintiff's claim , you have a “compulsory counterclaim.”. If you do not file a counterclaim in plaintiff’s case, you will lose the right to file a separate lawsuit.

Why do you file a motion to dismiss?

File a motion to dismiss or for a more definite statement. There are a number of reasons why you might file a motion to dismiss, including: Lack of jurisdiction. In other words, the court does not have jurisdiction over you. Click to visit Deciding Where to File for more information about jurisdiction.

What happens if a contractor crashes your car?

If the contractor instead had a claim against you because you crashed your car into his, that would be a permissive counterclaim. The contractor could pursue it in the case you filed against him, but he could also file a separate lawsuit.

How long do you have to respond to a lawsuit?

However you decide to respond to the lawsuit, remember there are deadlines to take action. Typically, you have twenty calendar days from when you received the summons and complaint (not counting the day of service) to file a response with the court. But that time might be shorter in some cases.

What does "fail to state a claim" mean?

In other words, you are arguing that plaintiff failed to state a legal claim in the complaint, and there is no relief legally available to plaintiff based on her allegations.

What happens if someone is late in answering a lawsuit?

Generally, one of three things has happened: 1) the Plaintiff has not yet done anything; 2) the Plaintiff has secured an entry of default; and 3) the Plaintiff has secured entry ...

Why do courts set default aside?

Often lawyers will consent to setting aside an entry of default, as the law disfavors default, and Courts almost always set default aside to allow for a claim to be litigated on the merits.

Can a court set aside a default judgment?

If, however, it appears unlikely that the plaintiff would not have pre vailed but for the default by the Defendant, a court will be more likely to set aside a default judgment. It is very important if you are sued that you quickly take steps to deal with the lawsuit.

Is it bad to miss a deadline?

While missing such a deadline is serious, and something you should absolutely be concerned about, it is not necessarily grounds for immediate panic. You may have options depending on exactly how much time has passed since your answer was due, and the reason (s) you missed your answer deadline.

What happens when someone is sued for violating federal law?

When Someone is Sued for Violating Federal Law... 1. Summons and Complaint -- When the United States Attorney decides a federal civil law has been violated, a civil litigator, known as an Assistant U.S. Attorney, files a Summons and Complaint in U.S. District Court and has a copy of the documents served on the alleged offender, ...

What is the name of the court where the plaintiff must prove the defendant is responsible for the harm caused?

If a federal civil case is tried before a U.S. District Court Judge alone, in what is called a bench trial, the Judge determines the verdict. In a civil case, the plaintiff must prove by a preponderance of the evidence that the defendant is responsible for the harm caused.

What is default judgment?

2. Default Judgment -- If the defendant fails to file a response, or Answer, with the U.S. District Court within the time allowed, a Default Judgment may be awarded, providing the plaintiff with the relief requested in the Complaint. Usually, the relief sought is money or action of some kind. 3.

What is the verdict of a federal civil case?

The decisions made by the trial jury are known as its verdict. A jury verdict in a federal civil case must be unanimous unless, before trial, the parties agree to a non-unanimous verdict.

How many people are on a federal trial jury?

A federal civil trial jury is typically made up of six to 12 people. All trials are overseen by a U.S. District Court Judge.

Why are federal laws created?

Federal Laws#N#Federal laws, or statutes, are created by Congress to safeguard the citizens of this country . For example, federal statutes outlaw civil rights violations, such as refusing someone housing or education based on race. Moreover, federal laws ban environmental hazards, including the polluting of rivers and streams.

What happens when a trial is over?

7. Appeal -- Once a trial is over and the verdict, or Judgment, is entered in favor of one party, the other party may file a motion, asking the U.S. District Court to vacate, or correct, the decision. If unsuccessful, that party may appeal the decision to the Appellate Court. 8.

What to do if you have a default judgment against you?

If you already have a default judgment against you, you may be able to re-open the lawsuit or appeal the judgment or do a bill of review, depending on your circumstances and how long ago the judgment was entered. If your judgment cannot be set aside, we can help you settle it for a reduced amount.

What happens if you answer "past due"?

If your answer is past due, you could get a default judgment at any time. Usually, the creditor files what is called a “motion for default judgment,” asking that the court enter a default judgment against you.

How long does it take to file a motion for a judgment?

Legally, the creditor can file the motion one day after your answer is due, but creditors usually wait a couple of weeks to a couple of months after the answer is past due before they file the motion. In some courts, however, the judge monitors the docket independently and simply enters a default judgment if you don’t file your answer on time.

Who monitors the docket?

In some courts, however, the judge monitors the docket independently and simply enters a default judgment if you don’t file your answer on time.

Can you file an answer before a default judgment?

As long as you file your answer before the creditor gets a default judgment against you, you’re fine. Your answer counts, even though it is late, and you can still fight your lawsuit.

What happens if a collector files a summary judgment?

If the judge grants the motion, the court will enter a judgment against you without a trial.

How long does it take to file a lawsuit?

Generally, you’ll get around 20 to 30 days to file a written answer to the lawsuit with the court. You’ll have to respond to the allegations in the complaint and raise any defenses you have, like that the statute of limitations (the law that sets a time limit on the right to file a lawsuit) has expired, or counterclaims against the collector, such as violations of the Fair Debt Collection Practices Act.

What is discovery in a lawsuit?

“ Discovery ” refers to the formal procedures that parties in a lawsuit use to get information and documents from each other to prepare for trial or settle the case. If you don’t raise any defenses or counterclaims, the collector probably won’t engage in discovery. But if you have a good defense or file a counterclaim, you and the collector might want to participate in discovery.

What happens if you don't respond to a collection?

If you don’t respond to the suit, the collector will most likely ask the court to enter a default judgment, which means you automatically lose the case. The court might then simply award the collector the amount it requested, or it might scrutinize the documentation to make sure the amount is legitimate, or the court might require the collector to present evidence before awarding any money. The collector will probably be able to get attorneys’ fees, court costs, and interest in addition to the amount you owe. Once the collector gets a money judgment against you, you might face wage garnishment, a bank account levy, or a lien on your property.

What is a debt collection lawsuit?

A debt collection lawsuit begins when the collection agency files a “complaint” (sometimes called a “petition”) in court. The complaint will explain why the collector is suing you and what it wants—usually, repayment of money you owe, plus interest, fees, and costs.

How to challenge summary judgment?

To challenge a summary judgment motion, you’ll have to file paperwork opposing the motion. If you don’t, you’ll probably lose. Because the outcome of the lawsuit is at stake, you should seriously consider consulting with a lawyer, if you haven't already, if the collector files this kind of motion.

What happens if a collector gets a judgment against you?

Once the collector gets a money judgment against you, you might face wage garnishment, a bank account levy, or a lien on your property.

What is an answer in a lawsuit?

An Answer is a legal document that responds to the factual allegations and legal claims in the Complaint. If you wish to contest the lawsuit, it is very important that you provide an Answer to the Plaintiff within the required time period. If you do not provide an Answer in a timely fashion, the Plaintiff may get a “default judgment” against you.

How does a plaintiff start a lawsuit?

A Plaintiff typically starts a lawsuit by serving a Summons and Complaint on the Defendant in one of two ways: by delivering it to the Defendant personally or leaving it at the Defendant's home with a person of suitable age and discretion ; or. by mail, if the Defendant agrees in writing to accept service of the Summons and Complaint by mail ...

How long do you have to pay a default judgment in Minnesota?

If you are served in person with a Summons and Complaint, you generally have 20 days in Minnesota state district court to provide an Answer to the Plaintiff’s lawyer.

What happens if you ignore a lawsuit in Minnesota?

If you ignore a lawsuit against you, you could be found to be in "default." Under Minnesota law, when a Defendant does not Answer a lawsuit, a Plaintiff may ask the court for a default judgment.

What happens if you don't return a summons and complaint?

If you are served with the Plaintiff’s Summons and Complaint by mail and do not return the form stating you agree to accept these documents by mail, you may be charged the costs associated with the Plaintiff serving you personally. Your attorney can draft an Answer for you. Generally, the Answer is in a format similar to the lawsuit itself.

How much money can a creditor file in conciliation court?

If the amount involved is less than the $15,000 currently allowed in conciliation court, which is sometimes referred to as small-claims court, a creditor may file claim in conciliation court. The general purpose of conciliation court is to help parties recover relatively small sums of money without having to hire a lawyer. Once the Plaintiff files a claim, a hearing is scheduled, and the court administrator’s office will mail notices to the Plaintiff and Defendant indicating the date and time of the hearing. If the claim exceeds $2,500, the Plaintiff must then serve the summons upon the Defendant by certified mail. If you are served with a conciliation court lawsuit, you are required to attend the hearing to avoid a default judgment. For more information, you may wish to review the brochure prepared by this Office entitled Conciliation Court: A User's Guide to Small Claims Court, which outlines the conciliation court process.

What is a lawsuit in Minnesota?

A lawsuit is started against a person in Minnesota state courts by service of legal documents called a Summons and Complaint. The person or company bringing the lawsuit is known as the “Plaintiff.”. The person being sued is known as the “Defendant.”. The Complaint is a legal document in which the Plaintiff explains the factual allegations ...