Chicago Illinois Notice of Filing and Service of Answer to Complaint

State:
Illinois
City:
Chicago
Control #:
IL-NB-070-01
Format:
PDF
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A02 Notice of Filing and Service of Answer to Complaint
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FAQ

1. When must a defendant respond to the complaint? In Illinois, a defendant must respond by filing an appearance and an answer or other pleading within 30 days after being served with the complaint, not including the day of service, unless a motion attacking the complaint is filed (Ill.

You are summoned and required to file your appearance, in the office of the clerk of this court, within 30 days after service of this summons, not counting the day of service. If you fail to do so, a judgment by default may be entered against you for the relief asked in the complaint.?

After the defendant has filed their answer to the complaint, the plaintiff and the defendant can come to an agreement and file a motion with the court to dismiss the case.

Filing Your Answer. Contact the clerk's office of the court where the lawsuit was filed. You'll find a phone number and address for the clerk's office on your summons. The clerk will be able to tell you exactly what documents you should file with your answer and whether any filing fee is required.

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.

Pursuant to Supreme Court Rule 182, the responsive pleading to an affirmative defense or a counterclaim is due 21 days after the last day the allowed for the filing of the answer.

Rule 137 - Signing of Pleadings, Motions and Other Documents-Sanctions (a) Signature requirement/certification. Every pleading, motion and other document of a party represented by an attorney shall be signed by at least one attorney of record in his individual name, whose address shall be stated.

If you go to court, the judge will tell you when you need to file your Answer. It will usually be 10 days from your court date. In lawsuits for more than $50,000, the Summons will state that you must file an appearance within 30 days after the day you are served.

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Chicago Illinois Notice of Filing and Service of Answer to Complaint