If you have been sued or have been served with a summons and complaint, you typically have twenty one (21) calendar days to file an answer.
Failing to answer:
- If you have fail to answer a complaint you will default and a default judgment is entered against you.
- Default means that the suing party wins without allowing you an opportunity to defend yourself.
What is default?
- Default is similar to admitting that you did whatever the complaint says.
- The court views this as an admission simply because you did not respond or file an answer.
Can a default be set aside?
- Yes, however it can be difficult to get a court to set aside a default or default judgment.
- It can be expensive
- Avoiding a default is the best choice, so if you are sued it is in your best interest to immediately contact an attorney.
Can I respond to the complaint myself?
- Yes, you can go to the courthouse and fill out a simple written answer
- This answer requires you to respond to each statement in the complaint, admitting, denying or stating that you can neither admit nor deny because you do not know.
- Responding yourself is not recommended however it can provide you additional time to contact an attorney.