Filling out an Answer
Step 1:
FILL OUT THE “CAPTION” OF THE ANSWER
Step 2:
FILL OUT THE FIRST PAGE OF THE NOTICE OF APPEARANCE
Step 3:
CHECK OFF AND EXPLAIN YOUR DEFENSES
Step 4:
ADD ANY ADDITIONAL INFORMATION
Step 5:
FILL IN THE BOTTOM OF THE 4TH PAGE
Step 6:
FILL OUT AND SIGN THE VERIFICATION SECTION
Step 7:
MAKE 2 COPIES OF THE VERIFIED ANSWER
Step 8:
“SERVE” THE PLAINTIFF’S ATTORNEY
Step 9:
FILL OUT THE AFFIDAVIT OF SERVICE
Step 10:
FILE THE VERIFIED ANSWER AND AFFIDAVIT OF SERVICE AT THE COUNTY CLERK
Step 11:
APPEAR AT YOUR SETTLEMENT CONFERENCE
STEP 5: FILL IN THE BOTTOM OF THE 4TH PAGE WITH YOUR CURRENT CONTACT INFORMATION
STEP 6: IN FRONT OF A NOTARY PUBLIC, FILL OUT AND SIGN THE VERIFICATION SECTION
A Verification is a statement under oath that the Answer is truthful. After you complete the Answer, you MUST sign this verification in front of a Notary Public and have them notarize it. You can often find a Notary Public at a branch of your local bank. Please be aware they may charge you a small fee for this service.
STEP 7: MAKE 2 COPIES OF THE VERIFIED ANSWER
You will arrange for one copy to be “served” to the Plaintiff’s attorney. (See Step 8). You will keep the second copy for your records.
STEP 8: “SERVE” THE PLAINTIFF’S ATTORNEY
Ask someone other than yourself who is at least 18 years old and not a Defendant in the lawsuit to “serve” a copy of the Verified Answer on Plaintiff’s attorney at the address listed on the Summons and Complaint. The easiest way to “serve” the Verified Answer is to arrange for the person to send it by certified mail, return receipt requested, or by overnight delivery service. Be sure to keep the proof of mailing and delivery.
STEP 9: FILL OUT THE AFFIDAVIT OF SERVICE
The person who “served” the copy of the Verified Answer on the Plaintiff’s attorney must fill out the Affidavit of Service in front a Notary Public and have it notarized. You can often find a Notary Public at a branch of your local bank. Please be aware they may charge a small fee for this service.
STEP 10: FILE THE VERIFIED ANSWER AND AFFIDAVIT OF SERVICE AT THE COUNTY CLERK.
Bring the original Verified Answer, the extra copy of the Verified Answer, the notarized Affidavit of Service, and a copy of the notarized Affidavit of Service to your County Clerk’s office. (See list of the local area court clerks included in the front folder pocket of this guide.) At the County Clerk’s office, state that you wish to file an Answer. Be sure to ask the clerk to “time-stamp” the original Verified Answer, the Affidavit of Service and the copy of the Verified Answer, so that you have proof of the date and time you filed your Answer. Keep for your records a time stamped copy of the Verified Answer and a copy of the Affidavit of Service.
STEP 11: APPEAR AT YOUR SETTLEMENT CONFERENCE