An answer is a formal document filed by the defendant(s) with the proper court in which they were initially served a complaint. The answer will deny or admit the allegations, line-by-line as requested in the complaint. Additionally, the answer is important to bring any defenses the defendant may want to raise such as the claim is beyond the statute of limitations or that there is no claim for which damages is owed. A defendant may also want to counterclaim, or seek damages for something they feel the plaintiff did wrong. A counterclaim should be filed at the same time as the answer. The answer must be filed within the time period listed on the original summons. If an answer is not filed within a timely manner, the court may issue a default judgment ordering the defendant to pay the damages as requested by the plaintiff. A defendant may want to seek the advice of an attorney before filing an answer to provide the best possible defense.
123 Main Street
Anytown, US 12345
DISTRICT COURT OF ___________________
| Joe Smith,
ABC Plumbing, Inc,
| Case No.: 123456-123
As the Defendant, you'll want to address and answer each paragraph or count brought from in the Complaint in the order it was present in the Complaint. After you have responded to all counts or allegations, then any affirmative defenses (additional issues raised by yourself) can be addressed such as Failure to State a Cause of Action, Statute of Limitations and Failure to Property Serve).
COMES NOW the Defendant ABC Plumbing, Inc. in answering the allegations of the Complaint on file herein, affirms, denies and alleges as follows:
Answering the allegations of Paragraph 1-5 of the Complaint herein, Defendant affirms all facts.
Answering the allegations of Paragraph 6 of the Complaint herein, Defendant affirms in part based on his knowledge of the incident, but denies that the injuries sustained were a result of his plumbing work performed at the residence.
Answering Count 1 – Negligence of the Complaint herein, Defendant denies all allegations. On or about July 1, 2009, Defendant was contracted to perform plumbing work on the Plaintiff's bathroom and kitchen at his residence. On or about July 5, 2009, Defendant performed all plumbing work as agreed upon in the residence and did not perform any work related to the wiring of the Plaintiff's residence. Furthermore, the plumbing work performed was completed by the Defendant in a safe and effective manner. This work was not the proximate cause or the cause-in-fact of the injuries sustained by the Plaintiff.
The Defendant now brings forth the following Affirmative Defenses:
DEFENSE 1 – Failure to State a Claim
Defendant answering the Complaint herein, alleges that all allegations and counts brought forth therein fails to state a claim for which relief can be granted.
As with the Complaint, typically there will be several defenses brought forth depending on the complexity of the case.
WHEREFORE, Defendant prays that the Plaintiff take nothing and the Defendant have judgment against the Plaintiff and recover the costs of suit herein, and such other relief the court may deem proper.
Dated this 1st day of January, 2010