Have the plaintiff served with your answer. The plaintiff must have legal notice of your response to the complaint. Typically you have the option of either having the plaintiff served by mailing a copy of your answer and any other documents using certified mail, or having a copy hand-delivered by a sheriff's deputy or private process serving company.
Some courts require certain methods of service for certain types of cases. If a particular method is required, the clerk can let you know. This information also may be included on the certificate of service form. It must be done by someone over the age of 18 who is not a party to the case. If the plaintiff is represented by an attorney, you must deliver your answer to the attorney's office. The address will be listed on the complaint.
However, if the plaintiff does not have an attorney you must deliver your answer directly to the plaintiff. This document tells the court when and how you served the plaintiff with your answer.
If you haven't filed your original answer yet, you can attach the certificate of service to that document and file them all at once. Take your answer to the clerk's office. You must file your answer with the clerk of the same court in which the plaintiff filed the lawsuit against you.
If you've already served the plaintiff with a copy of your answer, you can attach your certificate of service to your answer when you file it with the clerk. You will receive notice of the case number when the plaintiff files the complaint with the court. Until then, the court will have no record of the case. On the application, you must disclose information about your income and assets.
The court will review this information and determine if you are eligible to have the fees waived. Make sure you include this date on your certificate of service. This may be the same period of time that you had to respond, or it may be a shorter period. The court clerk will be able to tell you how long the plaintiff has to respond to your counterclaim. Attempt to negotiate a settlement. In many situations, coming to a compromise and settling with the plaintiff will be less expensive and time-consuming than going to trial.
Technically, you can negotiate a settlement with the plaintiff at any time. However, given that you only have a limited period of time to file an answer, your interests may be best served by filing your answer first and then contacting the plaintiff.
Consider mediation. A neutral, third-party mediator may be able to help you and the plaintiff resolve the dispute. For some types of claims, the court will require you to participate in mediation before a trial or other hearings can be scheduled. In this case, typically it is the plaintiff's responsibility to schedule the appointment with a mediator.
Include your email address to get a message when this question is answered. You Might Also Like How to. How to. More References About This Article. Written by:. Jennifer Mueller, JD. Co-authors: 2. Updated: May 23, Categories: Civil Litigation.
Thanks to all authors for creating a page that has been read 47, times. No form provides legal advice. No form substitutes for having or consulting a lawyer. If you are not a lawyer and are suing or have been sued, it is best to have or consult a lawyer if possible. No Guarantee. Following a form does not guarantee that any pleading is legally or factually correct or sufficient.
Variations Possible. A form may call for more or less information than a particular court requires. The fact that a form asks for certain information does not mean that every court or a particular court requires it. Create an account. Edit this Article. We use cookies to make wikiHow great. By using our site, you agree to our cookie policy. Cookie Settings. Learn why people trust wikiHow. Download Article Explore this Article parts. Tips and Warnings. Related Articles.
Co-authored by Clinton M. Part 1. Consider hiring an attorney. If you can afford a family law attorney, you should consider hiring one to help you navigate the child custody process. See this article for directions on how to find a good family law attorney. Even if you cannot afford a full-service attorney, many attorneys provide limited services at a reasonable cost.
This means you may be able to hire an attorney to prepare your documents, give you limited legal advice, or potentially even teach you about this area of the law, without having to pay the attorney to take on the entire visitation process. Read the papers you have been served with carefully. The entire lawsuit will begin when the other parent files a complaint for custody. When the other parent files this lawsuit, they will be required to serve you with all of the documents related to the case.
When you get served with these papers, read them right away so you know what your child's other parent is asking the court to do and how you have to respond. This document tells the court about you, your child, and your child's other parent.
The summons. The summons is a document issued by the clerk of courts where the lawsuit was filed and it tells you, the defendant, how long you have to respond to the complaint.
This standard document will contain information about your child and where they have lived for the past five years. While not required in every jurisdiction, you may receive a blank response form, which is the document you will use to answer the other party's complaint.
Pay attention to deadlines. One of the most important pieces of information you will find in the packet of information you are served with is the strict deadline for responding to the complaint. Part 2. Determine how you will respond.
If your child's other parent has decided to file a lawsuit for custody of the child, you will have an opportunity to respond in a number of different ways. The answer should admit or deny every allegation in the complaint and set forth any affirmative defenses that may be applicable.
The easiest way to do this is to go through the complaint and answer each numbered paragraph, admitting or denying the statements of that paragraph. Affirmative defenses should be separately listed and identified as such. Failure to answer the complaint timely may result in a default judgment being entered against the defendant. The answer may also contain a cross-claim , in which the defendant makes a claim against another named defendant.
The answer may also contain a third-party claim , in which the defendant brings in third parties to the action that may be liable to the defendant in the event defendant is liable to the plaintiff.
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