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Provide the name of the court at the top of the Answer. You can find the information on the summons. List the name of the plaintiff on the left side. Write the case number on the right side of the Answer. Address the Judge and discuss your side of the case. Ask the judge to dismiss the case.
What happens if I don't file an opposition to the motion? If a motion is filed against you and you do not file a written opposition with the court, the judge could grant the other side's motion automatically.It also might mean you lose the case, depending on the motion that was filed.
If you do not respond, the court may make orders about your children without taking into account your wishes. Even if you do not respond, go to the court hearing and participate in any mediation that the court orders if you want to have any input in the court's decision about custody and visitation of your children.
If you do not have an attorney, write one yourself. Include why you feel the court should rule in your favor. State difficulty to appear because you live out of state and request to appear by phone. Mail a copy of your response to the county clerk's office in the location where the case has been filed within 20 days.
Your response to the complaint should both preserve your rights and also comply with court rules. An incorrect response or a failure to respond to a complaint can have serious consequences, such as the waiver of your rights or a judgment against you.
Although it might be tempting to ignore a summons and complaint, ignoring a lawsuit does not make it go away. And it could result in the court awarding a money judgment against you by default. That can lead to your wages being garnished, your bank accounts attached, or your property being taken!
If you don't file a response 30 days after you were served, the Plaintiff can file a form called Request for Default. The Plaintiff has to wait 30 days to file this. If the Plaintiff files this form, the Court can enter a judgment against you. The Plaintiff will win the case.
Although it might be tempting to ignore a summons and complaint, ignoring a lawsuit does not make it go away. And it could result in the court awarding a money judgment against you by default. That can lead to your wages being garnished, your bank accounts attached, or your property being taken!
Read the summons and make sure you know the date you must answer by. Read the complaint carefully. Write your answer. Sign and date the answer. Make copies for the plaintiff and yourself. Mail a copy to the plaintiff. File your answer with the court by the date on the summons.
Failure to Respond: If a defendant fails to answer the complaint or file a motion to dismiss within the time limit set forth in the summons, the defendant is in default. The plaintiff can ask the court clerk to make a note of that fact in the file, a procedure called entry of default.