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West Virginia Defendant's Answer to Complaint

Defendant Answer To Complaint Template

Name: West Virginia Defendant's Answer to Complaint
Brand: US Legal Forms
Price: 59.00 USD
Rating: 4.58 (236 reviews)

Category:

West Virginia Court Samples - Wrongful Death - Motor Vehicle Accidents - Sample Case 1

State:

West Virginia

Control #:

WV-RH-211-04

Format:

Instant download

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Description

A05 Defendant's Answer to Complaint

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How to fill out West Virginia Defendant's Answer To Complaint?

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FAQ

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.

There is no obligation to respond to alleged affirmative defenses....they can be contested at trial or summary judgment.

A defendant may respond in an answer that admits or denies each of the plaintiff's allegations in the complaint. The answer will list defenses and counter-claims or cross-claims against the plaintiff or other defendants. The answer will state whether the defendant wants a jury trial. The case will then continue.

An answer is filed by the defendant after s/he has been served with a copy of the complaint. If you have been served with a summons and complaint, you have twenty-one (21) days to file an answer. The United States government, its agencies, and employees have sixty (60) days to file an answer.

Each court has different rules about how long you have to respond to this motion, but usually you will have at least two or three weeks to file an opposition to the defendant's motion to dismiss.

Your response to the complaint is called the answer. You should respond to each paragraph of the complaint matching your response to the exact number used in the complaint. Be very careful with the statement you make in your answer. These statements can become admissions of facts that could be used against you.

Go to the Magistrate Clerk's office in the county where your problem is located and ask for a Civil Complaint. You can also find the Civil Complaint online. Fill in your name and address. Then fill in the defendant's name and address.

The plaintiff must give you responses to your request for admissions within 30 days. You do not need to do anything if you do not get a response. The plaintiff has 30 days to deny or object to the statements.

Defendant Answer To Complaint Template

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