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Once you have been served with a complaint, you have a number of options to choose from and a couple of decisions to make.
You can: At any time during the case, you can talk to the plaintiff and try to resolve the dispute. Even if you are negotiating, your clock is still ticking.
Click to visit Attempting to Resolve the Dispute Out of Court for tips on trying to settle.
Filing an answer is probably the most common way of responding to a lawsuit.
You might file this type of motion if plaintiff’s complaint is so vague and ambiguous that you are unable to respond to it. permissive counterclaims: If you do nothing, the plaintiff can – and probably will! An attorney might be able to identify defenses that apply to you or even help you settle your case out of court. If you decided to file an answer or motion with the court, the Self-Help Center might have a form to help you. That caption should indicate which court the case was filed in (district or justice).
If your claim arises out of the same transaction that underlies the plaintiff's claim, you have a “compulsory counterclaim.” If you do not file a counterclaim in plaintiff’s case, you will lose the right to file a separate lawsuit. counterclaim.” You are not required to file it as a counterclaim in plaintiff’s case against you. The forms below are available for free at the Self-Help Center, or you can download them on your computer by clicking one of the formats underneath the form’s title below: The original complaint; and The correct filing fee.
When you file a motion to dismiss, the time for you to file an answer is postponed until the judge makes a decision on your motion.
If the judge grants your motion, the case is dismissed and over.
How you choose to respond to the summons and complaint depends on the facts of your case.If the other side has an attorney, you must give the documents to the attorney instead of the other party.Giving documents to the other side (or their attorney) is called “serving” or “service.” After the initial complaint, all other documents filed with the court will probably be served by putting a copy in the mail, delivering a copy by hand delivery, or some other method allowed by the court’s rules.If you have received a summons and complaint, that probably means you are being sued.Being sued can be one of life’s most stressful experiences.