One of the most important decisions you’ll make when filing your own lawsuit will be what to include in your answer to the lawsuit filed against you. It’s not something to be taken lightly, but it can be done correctly with some research and preparation. Read on for details on how to file an answer to a lawsuit template in South Carolina, as well as important things you need to know before filing this document.
How to respond to a lawsuit in South Carolina?
If you have been served with a Summons and Complaint, the court will require you to file an answer within thirty (30) days. The answer is your formal response to the allegations in the complaint. You should respond to each allegation by either admitting, denying or asserting a legal defense. If you deny all of the allegations in the complaint, you must attach evidence supporting your denials and state when and where such evidence can be found.
The answer must be in a proper format
Your answer to the lawsuit should be in writing and filed with the clerk of court within 30 days after you were served with the summons. You can file your answer by mail or in person at the courthouse. If you choose to file your answer in person, you will have to pay a filing fee of $31. You will also need to bring a check for $31 made payable to the Clerk of Court.
The answer must be filed with the court
An answer is a document that you send to the court after you are sued. It answers the complaint and tells what defenses you have against the plaintiff’s claim if any. A defendant must file an answer within 30 days of being served with the complaint. If the defendant fails to do so, the clerk of court will enter a default judgment for the plaintiff without hearing from either party. The answer can be filed in person at the clerk of court office or by mailing or faxing it to them.
The answer must be served on the plaintiff
The answer is a formal response to the complaint filed by the plaintiff. It must be served on the plaintiff and must state in what respects the complaint does not entitle the plaintiff to relief, either generally or as to each cause of action specifically or why some other defense applies. The answer may include counterclaims, cross-claims, or third-party claims.
The defendant must appear at the pretrial conference
If you were served with a lawsuit, the first thing that you should do is hire an attorney. If you can’t afford one, talk to the court clerk or your local legal aid office for guidance. The next step is to file an answer to the lawsuit within the time period outlined in the summons. This is usually 60 days from when it was served on you, but it might be different depending on your state.
Conclusion
When you receive a court summons or notice of a lawsuit, you need to file an answer on the appropriate form and serve it to the other party in the manner required. If you fail to take these actions, then a default judgment may be entered against you.
