How to Defend a Statement of Claim

A statement of claim is the first document filed by the plaintiff (filer) in a civil case. The statement of claim will inform the respondent/defendant of all the allegations made against her in the case. The defendant (respondent) must answer the statement of claim in writing and must include in the answer any defenses that he believes are applicable to the claim made against him.

Things You'll Need

• Statement of claim

Instructions

1. Read the statement of claim carefully and thoroughly. Make sure that you understand exactly what the claim asserts and what the plaintiff is asking for in the form of relief.

2. Read the summons that accompanied the statement of claim to determine how long you have to answer the claim. In most cases you will only have 21 days to file a written answer with the court. Failure to file within the allotted time frame could result in a default judgment being entered against you.

3. Determine what defenses you have to each claim asserted in the statement of claim. Some defenses are technical in nature such as lack of jurisdiction or failure to join a party. Other defenses are fact-specific such as satisfaction of the debt. If you are unsure what defenses are available, consult a local law library or use an online legal research website.

4. Prepare your answer. Caption the document the same way the statement of claim was captioned. Title the document "Answer". Address each claim asserted in the statement of claim, and present your defense to the claim. In most cases, failure to assert a defense in your answer will bar you from presenting the defense at a later time such as trial.

5. File your answer with the court prior to the deadline. Follow up with any pretrial hearings. On the day of trial, present any evidence you have that supports your asserted defenses to the statement of claim.

References

• Cornell University Law School: Federal Rules of Civil Procedure Defenses and Objections
• Westlaw: Federal Rules of Civil Procedure