How to Submit an Answer Letter in Civil Court
When a complaint is filed in a civil matter, the respondent typically files something called an answer. This is a formal document that lays forth the respondent's replies to the claims made in the complaint, which essentially allows him to provide his version of events. In lieu of drafting and filing a formal answer, some respondents will submit an answer letter in civil court. An answer letter is typically much shorter than a typical answer and much more informal. Answer letters are effective in small claims court or simple civil matters where neither party necessarily needs representation.
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Instructions
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Ensure your answer letter contains a case caption at the top. If you are not sure how to create one, you can copy the caption located at the top of the initial summons and complaint. Also include the docket number somewhere within or directly below the caption.
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Have the answer letter notarized before submission. A notary public can do this for a fee. Do not sign the answer letter until you are in the presence of the notary public, as she must witness your signing in order to notarize it.
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Copy the signed, notarized answer letter and retain the copy for your records.
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Submit the original answer letter to the clerk of the civil court where the original complaint was filed. You will need to pay a nominal fee before it will be accepted for filing. Be sure you receive your copy of the filed answer letter.
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Make notice of your answer to the plaintiff. Draft a cover letter stating an answer has been filed in the matter, and a copy has been enclosed. Copy the filed answer letter and attach this to your cover letter. Mail the answer letter and the accompanying cover letter to the plaintiff via certified mail with signature confirmation. Retain the certified mail receipt for your records.
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Tips & Warnings
Though answer letters are often submitted by respondents in simple civil matters, you should always try to draft and file a formal answer whenever possible. If you are unable to retain an attorney for assistance, you can draft a formal answer yourself.
Each state has its own set of procedural rules, called "Rules of Civil Procedure," governing (among other things) how an answer must be drafted. There are also various free resources on-line that you can use as guidelines for drafting a formal answer yourself instead of submitting an answer letter. Check your state judiciary website to find your state procedural rules and examples of answers to help you create your own.
