Answering a Complaint or Petition
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An Answer can be complicated. Consider talking to an attorney to go over your options. One way to talk to an attorney is to visit a free legal clinic. Clinics provide general legal information and give brief legal advice.
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The person who has filed a legal action against you is the plaintiff or sometimes called the petitioner. You are the defendant or sometimes called the respondent. The plaintiff has notified you about the lawsuit by serving you with the complaint and summons. You must “answer” the complaint, which means you must agree or disagree with each of the plaintiff’s statements. If you do not have enough information to agree or disagree, say so and it is the same as disagreeing, at least until you have more information.
Affirmative defenses
An affirmative defense is a reason that the plaintiff should lose even if all of the claims are true. For example, the plaintiff made a procedural mistake, like not serving you properly or the case was filed after the statute of limitations. You might not have any affirmative defenses, but if you do, you should explain them in the Answer. See URCP 8(b) about affirmative defenses.
Counterclaim
You can include a counterclaim in the Answer. A counterclaim is a claim that you have against the plaintiff. You might not have any counterclaims. See URCP 13 about counterclaims. There is no fee for filing an Answer, but there is a fee for a counterclaim. For more information, see our webpage on Fees.
How do I file an Answer?
Read the papers you received carefully. The summons tells you how many days from the date you were served that you have to file an Answer. You must file the Answer with the court and serve a copy on the plaintiff before that deadline. For more information about calculating time and how to file the Answer, see our webpage on Filing Procedures.
What if I need more time?
If you need more time to file an Answer, contact the other party's attorney, or, if the other party does not have an attorney, contact the other party. Do not delay. If the plaintiff does not agree to give you more time, you must file your Answer within the original time.
- If plaintiff agrees to allow you more time, send plaintiff a letter describing what you agreed to. Keep a copy for yourself.
- If plaintiff does not agree, you must file an Answer within the time allowed or risk a default judgment.
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