How to Answer a Civil Summons Petition

You have been served with a civil petition and summons to appear in court on a legal matter. You don't want to spend money you don't have, so you've decided to write your answer and file it by yourself. You're not sure where to start so that you do everything according to the laws in your state. You can find an attorney in your community who will provide a free consultation and help you get started.

Things You'll Need

• Court summons
• Complaint/petition
• Documentation for answer
• Legal advice

Instructions

1. Carefully read the complaint or petition that was filed against you. Make note of the date and time the summons tells you to be in court.

2. Take notes about what the civil lawsuit against you is about. You will use these notes to write your answer. Make note of the instructions given to you in the summons on how to defend yourself.

3. Consult an attorney---see if you can find an attorney who will provide a free consultation for you. Ask your attorney how to write your answer and if you should provide an affirmative defense in your answer. Ask your attorney for an example of a written answer so you can write your own answer in the correct format.

4. Write your answer to the petition and summons filed against you, following the format your attorney gave to you during your consultation appointment.

5. File your answer with the same court that issued the petition and summons against you. Your state will have specific laws about filing your answer and when you should file it (deadline).

6. Serve the other party with a copy of your answer. You can find out from the court clerk how to do this. Find out if you can mail your answer to the other party.

Tips & Warnings

• Give yourself enough time to write and file your answer so you can also mail it before the deadline.

• If you fail to file your answer or go to court as ordered by the summons you will lose your case without having a chance to present your side of the situation.

• No part of this article is intended as legal advice. If you need legal advice or direction, please consult with an attorney.

References

• Starting a Civil Case
• Summons

Resources

• How to write/file a Written Legal Response being Servered as a defendant in CA