Responding to a Complaint

Your Response Options

When you've been served with a complaint, you have several possible responses: filing an answer, filing a motion to dismiss, requesting an extension of time, or in some cases, filing a counterclaim. You must respond within the deadline stated on the summons (typically 21-30 days) or risk a default judgment against you.

Critical Deadlines

The deadline to respond begins when you are properly served, not when you receive the complaint informally. Mark this deadline on your calendar immediately. If you miss it, the plaintiff may request a default judgment against you, which can be difficult and costly to undo later.

Filing an Answer

• Format according to court rules with proper caption matching the complaint
• Respond to each numbered paragraph in the complaint with: admit, deny, or insufficient knowledge to admit or deny
• Assert any affirmative defenses that apply to your case
• Include any counterclaims if you have claims against the plaintiff
• Sign and date the answer
• File with the court and serve a copy on the plaintiff or their attorney
• Keep proof of service

Motion to Dismiss Options

Instead of answering, you may be able to file a motion to dismiss based on: lack of jurisdiction, improper venue, failure to state a claim, insufficient service of process, or other legal defects in the complaint. This does not argue the facts but challenges whether the lawsuit can proceed legally.

Tips for Success

Be truthful in your responses. Review possible affirmative defenses carefully to include all that apply. If you need more time, promptly request an extension from the plaintiff/their attorney or file a motion for extension with the court. Consider consulting with an attorney even for a single consultation to review your answer before filing.