How to Answer a Summons Petition
A summons petition (sometimes called a complaint) is the formal instigation of a civil lawsuit. In it, the defendant lists all the allegations leading to the complaint and makes a claim for damages. Service of the summon and petition on you creates an affirmative obligation to respond to the charges in the complaint. Because the court rules governing the filing and service of summons and complaints are complex, you will need to follow strict procedures for filling out and filing the answer and any other accompanying documents within the necessary the time frame.
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Instructions
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Review the summons and complaint. The summons and complaint will list your name and address and provide a brief description of the allegations on which the complaint is based. This will include statements regarding venue and jurisdiction, and the amount of damages claimed.
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Respond to the summons and petition. By the date stated on the summons, file your response with the court by way of an answer. An answer is a form you can pick up from your local courthouse, or which you can prepare yourself, which allows you to respond to each paragraph in the plaintiff's petition by admitting or denying the allegations complained of in the summons and petition.
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Gather evidence and witnesses. Begin preparing your case by gathering evidence that supports your defense, including copies of all relevant contracts, written correspondence, receipts, etc. Make note of any witnesses who can support your version of events.
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Consider any counter-claims. If you have reason to believe that you were legally wronged by the plaintiff, you can include any counter-claims, and the reasons supporting such counter-claims, in your answer.
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Serve the answer on the defendant. Once you answer the summons and petition, you will need to file your response with the court. Most courts will provide you with an informational booklet detailing how and when to properly serve the plaintiff with your answer and accompanying documents.
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Tips & Warnings
Be sure to consult with an experienced attorney if you have any questions regarding the proper procedure for answering a summons petition or complaint.
