What it means to "Answer" a Lawsuit (and consequences)

If you don't "Answer" a lawsuit, do you know what happens to you? Do you know how long you have to "Answer" a lawsuit? What goes into an "Answer" for a lawsuit? Chapters: 00:00 – How to “Answer” a Lawsuit 00:15 – Why do you have to Answer? 00:48 – What must you put into an Answer? 02:37 – When is your deadline to Answer? 03:17 – Consequences of not Answering? 03:55 – Where to find an Answer Template? Also find our content on: Facebook.com/MatthewHarrisLaw Instagram - @Matthew_Harris_Law Google Maps – https://g.page/MatthewHarrisLaw Website - https://matthewharrislaw.com/ 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. 1. 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. 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. 2. 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. 3. 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.” 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. 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... Music: Mission to Mars – Audio Hertz Music provided via YouTube Studio Audio Library