Did you know that 70% of some types of cases
end in default judgments? Did you know that you can avoid most default judgments with
1 simple piece of paper? It's called an "Answer" and this 5-minute document can save you
thousands of dollars and years of collections.
When someone files a lawsuit, the
Clerk issues a Citation that informs the Defendant that they've been sued.
This Citation provides a deadline for filing an "Answer." If you've been sued, then you were
probably served a Citation like looks this.
Your deadline to file your answer will
depend on what Court you've been sued in.
In Texas, there are different deadlines
in Justice of the Peace Courts vs. County Courts vs. District Courts.
If you'll notice, the Citation also informs you that if you, or your attorney, do not file a
written answer by that deadline, then a default judgment may be taken against you.
The contents of your Answer are going to vary by state, and even by what
type of lawsuit you're facing.
1. General Denial State
If your state is a General Denial state, then your Answer can just generally deny
the allegations. That's literally it. Filing a 1-page document that says "I hereby
enter a general denial" is enough to avoid a default judgment in about 90% of cases.
I haven't researched ALL states to give you a complete list, but states like North
Carolina, New York, California, and Texas allow this general denial as an answer.
Filing this general denial as your answer doesn't mean that you actually dispute the facts
alleged, but it's more like pleading Not Guilty and requires the Plaintiff to prove their case.
2. Specific Denial State
If your state requires you to "meet the
substance" of the Petition, then you must specifically admit or deny the assertions
by the Plaintiff or state that you do not have sufficient knowledge to admit or deny.
For example, Florida is one of these states.
If you find yourself in a Specific Denial state,
then this 5-minute answer won't cut it.
If you fail to deny an assertion made
by the Plaintiff, then it can be taken as true by the Court.
3. Other information
If you have any affirmative defenses,
like self-defense if you're being sued for assault or battery, then you must include
these affirmative defenses in your Answer.
Also, there are some defenses in Texas law that
require you to file a "verified denial."
A verified denial is one where you swear
under penalty of perjury that your defense is true. In Texas, there are a few reasons
you would need a verified denial. For example, if you're being sued in your individual capacity
but the action you're being sued for was on behalf of a corporation or LLC.
Before you file your Answer, you need to know whether you need to file
a General or Specific Denial, you need to know if your Answer must be verified, and you
need to assert your affirmative defenses.
You need to know all of this information
fast because your deadline to file your answer is just around the corner.
Your deadline to file an Answer will always be listed on your Citation,
though it won't be a specific date. That's because the deadline is calculated
based on the date that you are served.
In Texas, that deadline is at 10:00 AM on
the first Monday following 20 days after you're served. That means if you're served on
a Tuesday, then you'd have nearly 27 days to file your Answer, but if you're served on
a Monday, then you'd have only 21 days.
Compare that to North Carolina where you have
30 days to Answer, while in Florida you only have 20 days to Answer. Neither of These deadlines
depend on what day of the week you were served.
To know your state's deadlines, you should
look to your state's Rules of Civil Procedure, or face the consequences.
A default judgment means that the Petitioner automatically gets everything that
they ask for. In fact, if you fail to answer, the Courts consider that to be equal to you confessing
that all facts pled by the Plaintiff are true.
With this default judgment in hand, the Plaintiff
can then begin the collections process against you. You'll have to sit for depositions, provide
your bank account information, and essentially open your whole life so they can poke around long
enough to find a way to get paid. All the while, that judgment is accruing interest at a rate
that often beats some investment portfolios.
All of this happens without you ever
having told your side of the story.
Many states have their own self-help legal forms
available on their state court websites. These websites have sample forms for your Answer that
often allow you to simply fill in the blank.
For example, in Texas you can find these forms
on TexasLawHelp.org, and in Florida you can find those forms at help.FLCourts.gov.
Regardless of what state you're in, you can likely find the forms that you're
looking for by searching "self-help legal forms" and identifying your state.
Before you go, if you found some value from this video, I'd ask you to consider subscribing
so you don't miss future videos like this one.
If you're going to represent yourself in
court, then you definitely don't want to miss this video with some incredibly helpful Pro
Se Tips on Testimony, Objections, and Evidence.
As always, I appreciate you watching,
and it has been an honor to educate you.
