Cases and Proceedings (2024)

FAQs

How to answer a statement of claim? ›

(b) The answer to the statement of claim may include any counterclaims against the claimant, cross claims against other respondents, or third party claims, specifying all relevant facts and remedies requested, as well as any additional documents supporting such claim.

Asserting Affirmative Defenses to the Claims for Relief

Identify an affirmative defense or avoidance that provides a basis for the defendant to avoid liability for one or more of the plaintiff's claims even if the basis for the claim is met. Any affirmative defense or avoidance must be identified in the answer.

In California, if you are answering the verified complaint, every single paragraph must be answered with denial or an admission. The verification also needs to be signed by the defendant or their attorneys stating they have read the answers and that everything is correct to the best of their knowledge.

Your answer should include the court name, case name, case number, and your affirmative defenses. Print three copies of your answer. File one with the clerk's office and mail (or “serve”) one to the plaintiff or plaintiff's attorney. The plaintiff is the debt collector, creditor, or law firm suing you.

There is a deadline to file your Answer form

Generally, this is due within 30 days after you were served. If you don't, the plaintiff can ask for a default. If there's a default, the court won't let you file an Answer and can decide the case without you.

Your response should cover every paragraph in the complaint and whether you admit or deny each point raised. If you can't remember whether part of the complaint is correct, it may be safer to deny it and avoid relying on your memory. For each point that you admit or deny, include a brief reason why.

An Answer to a Counterclaim is a written response by you, the Plaintiff, to the Defendant's Counterclaim. The Answer to Counterclaim must also state defenses to each of the Defendant's counterclaims in short, plain statements.

Self-defense, entrapment, insanity, necessity, and respondeat superior are some examples of affirmative defenses. Under the Federal Rules of Civil Procedure Rule 56, any party may make a motion for summary judgment on an affirmative defense.

Sample Customer Complaint Letter Response

Thank you for contacting us and bringing your concern to our attention. We are truly sorry to hear about your experience with [specific product/service]. At [Company Name], we strive to ensure customer satisfaction, and it is evident that we fell short in your case.

How do you respond to an invalid complaint? ›

Extend an apology for any factors that may have led to their frustration or inconvenience. Demonstrate empathy and a genuine understanding of their perspective. Take responsibility and offer to rectify the situation. Propose a solution or outline your forthcoming actions.

In Civil Law, an “answer” is the first formal response given by the defense to a complaint filed with the court by the plaintiff. This opening written statement will admit or deny the allegations, or demand more information about the claims of wrongdoing.

Affirmative defense—Examples

On [Date], after making the contract and the alleged breach, and before this action was commenced, defendant paid to the plaintiff the sum of [specify amount], which was accepted by the plaintiff in full satisfaction and discharge of the damages claimed in the petition.

Examples from Collins dictionaries

I received a summons to the Palace. She had received a summons to appear in court. The men were summonsed and last week 30 appeared before Hove magistrates. She has been summonsed to appear at St Albans magistrates' court.

You have three options: deny, admit, or deny for lack of knowledge. As a rule of thumb, lawyers advise you to deny, deny, deny. Let the plaintiff prove your responsibility for the debt. Include your affirmative defenses: These are reasons why you think the plaintiff is wrong to sue you.

A response letter should include the following: – Information as to which facts are being confirmed and which facts are being disputed. – Clarification on which claims are being accepted and which are being disputed. – Detailed grounds for disputing any claims.

To reply to the claim, you will need to complete the forms contained in a response pack sent with the claim form (or with the particulars of the claim if they were sent separately). Make sure you read the guidance notes for defendants carefully before completing any forms.

Claims are statements about what is true or good or about what should be done or believed. Claims are potentially arguable. "A liberal arts education prepares students best" is a claim, while "I didn't like the book" is not.

You should number each paragraph of your statement of claim. This makes its simpler for you, the defendant and the judge to refer to a particular point. Each paragraph should follow logically from the one before and be in chronological date order. Write your statement of claim using simple everyday language.