Did you know that 70% of some types of cases end in default judgments? Did you know that you can avoid most default judgments with 1 simple piece of paper? It’s called an “Answer” and this 5-minute document can save you thousands of dollars and years of collections.
Why do you have to Answer?
When someone files a lawsuit, the Clerk issues a Citation that informs the Defendant they’ve been sued.
This Citation provides a deadline for filing an “Answer.” If you’ve been sued, then you were probably served a Citation like looks this.
Your deadline to file your answer will depend on what Court you’ve been sued in.
In Texas, there are different deadlines in Justice of the Peace Courts vs. County Courts vs. District Courts.
If you’ll notice, the Citation also informs you that if you, or your attorney, do not file a written answer by that deadline, then a default judgment may be taken against you.
What must you put into an Answer?
The contents of your Answer are going to vary by state, and even by what type of lawsuit you’re facing.
General Denial State
If your state is a General Denial state, then your Answer can just generally deny the allegations. That’s literally it. Filing a 1-page document that says “I hereby enter a general denial” is enough to avoid a default judgment in about 90% of cases.
I haven’t researched ALL states to give you a complete list, but states like North Carolina, New York, California, and Texas allow this general denial as an answer.
—Tex. R. Civ. P. 93 – General Denial
Filing this general denial as your answer doesn’t mean that you actually dispute the facts alleged, but is more like pleading Not Guilty and requires the Plaintiff to prove their case.
Specific Denial State
If your state requires you to “meet the substance” of the Petition, then you must specifically admit or deny the assertions by the Plaintiff or state that you do not have sufficient knowledge to admit or deny. For example, Florida is one of these states.
If you find yourself in a Specific Denial state, then a 5-minute answer won’t cut it.
If you fail to deny an assertion made by the Plaintiff, then it can be taken as true by the Court.
Other information
If you have any affirmative defenses, like self-defense if you’re being sued for assault or battery, then you must include these affirmative defenses in your Answer.
Also, there are some defenses in Texas law that require you to file a “verified denial.”
—Tex. R. Civ. P. 93 – Certain Pleas to be Verified
A verified denial is one where you swear under penalty of perjury that your defense is true. In Texas, there are a few reasons you would need a verified denial. For example, if you’re being sued in your individual capacity but the action you’re being sued for was on behalf of a corporation or LLC.
Before you file your Answer, you need to know whether you need to file a General or Specific Denial, you need to know if your Answer must be verified, and you need to assert your affirmative defenses.
You need to know all of this information fast because your deadline to file your answer is just around the corner.
When is your deadline to Answer?
Your deadline to file an Answer will always be listed on your Citation, though it won’t be a specific date. That’s because the deadline is calculated based on the date that you are served.
In Texas, that deadline is at 10:00 AM on the first Monday following 20 days after you’re served. That means if you’re served on a Tuesday, then you’d have nearly 27 days to file your Answer, but if you’re served on a Monday, then you’d have only 21 days.
—Tex. R. Civ. P. 99 – Issuance and Form of Citation
Compare that to North Carolina where you have 30 days to Answer, while in Florida you only have 20 days to Answer. Neither of These deadlines depend on what day of the week you were served.
To know your state’s deadlines, you should look to your state’s Rules of Civil Procedure, or face the consequences.
Consequences of not Answering?
A default judgment means that the Petitioner automatically gets everything that they ask for. In fact, if you fail to answer, the Courts consider that to be equal to you confessing that all facts pled by the Plaintiff are true.
With this default judgment in hand, the Plaintiff can then begin the collections process against you. You’ll have to sit for depositions, provide your bank account information, and essentially open your whole life so they can poke around long enough to find a way to get paid. All the while, that judgment is accruing interest at a rate that often beats some investment portfolios.
All of this happens without you ever having told your side of the story.
Where to find an Answer template?
Many states have their own self-help legal forms available on their state court websites. These websites have sample forms for your Answer that often allow you to simply fill in the blank.
For example, in Texas you can find these forms on TexasLawHelp.org, and in Florida you can find those forms at help.FLCourts.gov.
Regardless of what state you’re in, you can likely find the forms that you’re looking for by searching “self-help legal forms” and identifying your state.
If you’re going to represent yourself in court, then you definitely don’t want to miss this video with some incredibly helpful Pro Se Tips on Testimony, Objections, and Evidence.
–Authored by Matthew L. Harris, Esq.,
Matthew Harris Law, PLLC – Civil Litigation Division
1101 Broadway, Lubbock, Texas, 79401-3303
Tel: (806) 702-4852 | Fax: (800) 985-9479