Answers to Complaints
Answers
Responding to the Complaint
Defending Yourself
The answer responds to each numbered paragraph of a complaint.
Each response should be numbered to match the paragraph numbers of complaint.
-
Admitted
-
Denied
-
Without sufficient knowledge to be able to respond
This is the proper way to answer a complaint.
This is how winners answer a complaint.
Winners don't try to "prove" anything with their answer.
They just answer the complaint.. one numbered paragraph at a time.
An answer must be filed in response to the complaint unless the flurry of motions (explained in the previous class and in my Motions & Hearings class) makes it go away or requires the plaintiff to re-write his complaint.
There are no other responses.
A response may deny part of a particular numbered paragraph of a complaint and admit the rest, e.g., "Denied that Defendant ate the apple, otherwise admitted."
The answer should always include affirmative defenses [explained in my Affirmative Defenses class] and any counter-claims, cross-claims, and third-party complaints the defendant may have.
Otherwise, if a reasonable person could deny a particular numbered paragraph because a material part of it is false (though the rest is true) it is fair tactics to deny the entire paragrapg and let your opponent figure out what part you denied. (If he had my course he would have known not to write his paragraphs in such a way that they could contain more than one meaning!) It's not your job to help your opponent!
Refusing to respond to every numbered paragraph of a complaint can be fatal, because the judge may deem refusal an admission!
Failure to file your answer within the time allowed to do so (after the flurry of motions fails) can result in entry of default. The summons (served with the complaint) tells how much time defendant has to file his response.
If you're the plaintiff and defendant does not admit, deny, or claim no knowledge, file one or both of these motions:
-
Motion to Strike Answer as Unresponsive
-
Motion to Deem Complaint Allegations Admitted.
Anything defendant admits is admitted for all purposes.
Anything defendant denies or claims he lacks knowledge to respond presents an issue the parties must resolved through discovery. (See my Discovery class for more.)
Plaintiff should never allow defendant to play word games in the Answer.
Never allow your defendant to squirm with weasel responses like, "Defendant believes plaintiff is attempting to obtain information he has no right to obtain," or, "This paragraph of plaintiff's complaint is wholly without factual foundation of any kind."
Those are "un-responsive".
They don't answer the allegations.
If you're a plaintiff, force your defendant to respond to each and every numbered paragraph of your complaint with one of the three allowed answers.
-
Admitted
-
Denied
-
Without Knowledge
If you're a defendant and unable to make the complaint go away with your flurry of motions, be sure to include:
-
Affirmative defenses (explained in my Affirmative Defenses class)
-
Counter-claim (if plaintiff caused you damages prior to filing his complaint)
-
Cross-claim (if a co-defendant caused you damages related to the same facts)
-
Third-party complaint (if a non-party caused plaintiff his alleged damages)
Simple Answer
Here's the basic format:
IN THE THIRTIETH JUDICIAL CIRCUIT COURT IN AND FOR SUNSHINE COUNTY, FLORIDA
PETER PLAINTIFF,
Plaintiff,
v. DANNY DEFENDANT,
Defendant.
____________________/
Case No. 2012-123
Judge Benchpounder
ANSWER
DEFENDANT Danny Defendant answers the complaint of Peter Plaintiff and, in response to each numbered paragraph thereof, states:
1. Denied.
2. Admitted.
3. Without knowledge.
4. Denied.
5. Denied.
6. Denied.
7. Admitted.
RESPECTFULLY SUBMITTED this 23 May 2012.
[ Certificate of Service ]
Danny Defendant, Defendant
That's all there is to it.
Don't make more of it than it is.
Answer & Counter-Claim
If plaintiff caused defendant damages before filing his complaint.
IN THE THIRTIETH JUDICIAL CIRCUIT COURT IN AND FOR SUNSHINE COUNTY, FLORIDA
PETER PLAINTIFF,
Plaintiff,
v. DANNY DEFENDANT,
Defendant.
____________________/
Case No. 2012-123
Judge Benchpounder
ANSWER AND COUNTER-CLAIM
DEFENDANT Danny Defendant answers the complaint of Peter Plaintiff, responding to each numbered paragraph thereof and counterclaims as follows:
1. Denied.
2. Admitted.
3. Without knowledge.
4. Denied.
5. Denied.
6. Denied.
7. Admitted.
RESPECTFULLY SUBMITTED this 23 May 2012.
COUNTER-CLAIM
8. On or about 13 May 2012, Plaintiff verbally contracted to pay Defendant $3,000 as an initial deposit toward the agreed full contract price of $5,000 for grapefruit deliveries.
9. Defendant made multiple grapefruit deliveries for Plaintiff thereafter.
10. Plaintiff failed and refused to pay Defendant for any grapefruit deliveries, breaching the parties' contract.
11. Defendant suffered substantial money damages as a proximate result.
WHEREFORE Danny Defendant moves this Honorable Court to enter judgment against Peter Plaintiff, together with such other and further relief as the Court may deem reasonable and just under the circumstances.
RESPECTFULLY SUBMITTED this 23 May 2012.
[ Certificate of Service ]
Danny Defendant, Defendant and Counter-Plaintiff
Once a counter-claim filed, plaintiff becomes a counter-defendant and must respond to the counter-claim with a counter-answer, just as defendant responded to plaintiff's complaint with an answer.
Plaintiff's failure to respond to the counter-claim can result in a default judgment on the counter-claim in favor of the defendant, but the original complaint remains in full force so the case will continue if the plaintiff does not withdraw.
Answer &
Cross-Claim
A cross-claim is like a counter-claim but, instead of defendant suing plaintiff, defendant sues one or more of her co-defendants.
The following is Danny Defendant's answer and cross-claim responding to a complaint filed by Peter Plaintiff against both Danny Defendant and Carla Co-Defendant.
IN THE THIRTIETH JUDICIAL CIRCUIT COURT IN AND FOR SUNSHINE COUNTY, FLORIDA
PETER PLAINTIFF,
Plaintiff,
v. DANNY DEFENDANT and CARLA CO-DEFENDANT,
Co-Defendants.
____________________/
Case No. 2012-123
Judge Benchpounder
ANSWER AND CROSS-CLAIM
DEFENDANT Danny Defendant answers the complaint of Peter Plaintiff responding to each numbered paragraph thereof, stating:
1. Denied.
2. Admitted.
3. Without knowledge.
4. Denied.
5. Denied.
6. Denied.
7. Admitted.
CROSS-CLAIM
DEFENDANT Danny Defendant sues Carla Co-Defendant for breach of contract and states,
8. On or about 13 May 2012, Defendant and Co-Defendant agreed to work together to deliver grapefruit for Plaintiff.
9. Defendant and Co-Defendant agreed to share the labor equally.
10. Defendant and Co-Defendant agreed to share costs equally.
11. Defendant and Co-Defendant agreed to share Plaintiff's payments equally.
12. Plaintiff contracted to pay Defendant and Co-Defendant $3,000 as an initial deposit toward agreed full contract price of $5,000 for grapefruit delivery to be performed by both Defendant and Co-Defendant working together.
13. Plaintiff paid Co-Defendant the $3,000 initial deposit.
14. Defendant made multiple grapefruit deliveries for Plaintiff thereafter.
15. Co-Defendant, however, failed and refused to make any grapefruit deliveries, breaching the contract between Defendant and Co-Defendant.
16. Co-Defendant also failed and refused to tender any part of the $3,000 initial deposit to Defendant, further breaching the contract between Defendant and Co-Defendant.
17. Defendant suffered money damages as a direct result.
WHEREFORE Danny Defendant moves this Honorable Court to enter an Order adjudging Carla Co-Defendant indebted to Danny Defendant in the amount of $1,500 together with such other and further relief as the Court may deem reasonable and just under the circumstances.
RESPECTFULLY SUBMITTED this 23 May 2012.
[ Certificate of Service ]
Danny Defendant, Defendant and Cross-Plaintiff
It really is just common sense!
You don't need a law degree to do this stuff!
Answer & Third-Party Complaint
A third-party complaint is similar but requires a change in the caption to add the third-party defendant.
The initial defendant sues a new third-party, alleging the new third-party is responsible for plaintiff's alleged losses (or some part of them at least).
If defendant loses the lawsuit brought by plaintiff, the court may find the third-party defendant indebted to the initial defendant for some part or all of the plaintiff's judgment.
The plaintiff sues the defendant. The defendant sues the third-party.
In the following answer and third-party complaint, Peter sued Danny. Danny answers Peter's complaint but also sues Theo as third-party, claiming Theo is responsible for Peter's losses.
IN THE THIRTIETH JUDICIAL CIRCUIT COURT IN AND FOR SUNSHINE COUNTY, FLORIDA
PETER PLAINTIFF,
Plaintiff,
v. DANNY DEFENDANT,
Defendant,
THEO THIRD-PARTY,
Third-Party Defendant.
____________________/
Case No. 2012-123
Judge Benchpounder
ANSWER AND THIRD-PARTY COMPLAINT
DEFENDANT Danny Defendant answers the complaint of Peter Plaintiff responding to each numbered paragraph thereof,
1. Denied.
2. Admitted.
3. Without knowledge.
4. Denied.
5. Denied.
6. Denied.
7. Admitted.
THIRD-PARTY COMPLAINT
DEFENDANT Danny Defendant sues Theo Third-Party and states,
8. On or about 13 May 2012, Theo agreed to work for Danny to deliver grapefruit for Plaintiff.
9. Danny paid Theo $1,500 to deliver grapefruit for Plaintiff.
10. Theo failed and refused to deliver any grapefruit for plaintiff, breaching his contract with Danny.
11. Due to Theo's breach, defendant has been required to defend against claims brought by Peter.
12. Theo is liable to defendant for all damages Peter may obtain in this lawsuit against Danny.
13. Theo is also liable to Danny for return of the $1,500 Theo took from Danny with no consideration of any kind.
WHEREFORE Danny Defendant moves this Honorable Court to enter judgment against Theo Third-Party together with such other and further relief as the Court may deem reasonable and just under the circumstances.
RESPECTFULLY SUBMITTED this 23 May 2012.
Danny Defendant, Defendant and Third-Party Plaintiff
[ Certificate of Service ]
This stuff really is simple and doable once you see it the way I explain it.
Answer & Affirmative Defenses
Affirmative defenses should always be filed with your answer, if you have any affirmative defenses. (See my class on Affirmative Defenses to learn what they are, because they may not be what you think they are.)
Affirmative Defenses include any defense in fact or law that could prevent plaintiff from winning any part or all of his case.
Examples include:
-
Statute of Limitations - suit brought beyond statutory limit date
-
Laches - suit brought beyond equitable time limit, prejudicing defendant
-
Accord and Satisfaction - parties already settled their dispute
-
Assumption of Risk - Plaintiff knowingly exposed himself to danger
-
Statute of Frauds - absence of writing to enforce contract
-
Estoppel - Plaintiff's own actions prevent him from seeking a remedy in court
There are many others you will learn later in my class on Affirmative Defenses.
Each affirmative defense has essential fact elements just like causes of action, and each essential fact should be alleged to support each affirmative defense. (Stupid lawyers do not do this, but you will.)
Here's an example of an answer with affirmative defenses.
IN THE THIRTIETH JUDICIAL CIRCUIT COURT IN AND FOR SUNSHINE COUNTY, FLORIDA
PETER PLAINTIFF,
Plaintiff,
v. DANNY DEFENDANT,
Defendant,
____________________/
Case No. 2012-123
Judge Benchpounder
ANSWER AND AFFIRMATIVE DEFENSES
DEFENDANT Danny Defendant answers the complaint of Peter Plaintiff and, in response to each numbered paragraph thereof, states:
1. Denied.
2. Admitted.
3. Without knowledge.
4. Denied.
5. Denied.
6. Denied.
7. Admitted.
AFFIRMATIVE DEFENSES
Defendant further asserts the following affirmative defenses and states:
Statute of Limitations
8. Plaintiff's action is barred by the statute of limitations.
9. The alleged breach of contract complained of took place more than 5 years prior to the filing of this action and is, pursuant to §95.11 Florida Statutes, barred.
Statute of Frauds
10. Plaintiff's action is barred by the statute of frauds (§725.01 Florida Statutes) that precludes actions to enforce a verbal contract for service to be performed within the space of one year.
11. The alleged breach of contract complained of contemplated that defendant would work for plaintiff over a period exceeding one year.
12. The contract is not in writing.
Estoppel
13. Plaintiff's action is barred by estoppel.
14. Plaintiff's own failure to provide fresh grapefruit to defendant for delivery to plaintiff's customers is the direct and proximate cause of defendant's failure to perform all terms of the alleged contract.
RESPECTFULLY SUBMITTED this 23 May 2012.
Danny Defendant, Defendant
[ Certificate of Service ]
That's all there is to an answer with affirmative defenses.
Learn the essential fact elements for each affirmative defense that you file so you don't follow stupid lawyers by listing your affirmative defenses' names without alleging their essential facts.
Notice that Danny did not merely "name" his affirmative defenses (as stupid lawyers do). He alleged ultimate facts to support the essential elements of each. That is what I want you to do to give your defenses teeth!
Affirmative defenses are the defendant's arsenal.
They must be made part of the court's record at the very beginning of your case and allege facts that, if proven, give the defendant advantages including possible victory without more.
Defendant's Affirmative Defenses may require Plaintiff to file a Reply or lose his opportunity to attack them. (This may vary between jurisdictions, so check the local official rules.)
Reply to Affirmative Defenses
If defendant files affirmative defenses, plaintiff should file a reply.
Here's what one looks like.
IN THE THIRTIETH JUDICIAL CIRCUIT COURT IN AND FOR SUNSHINE COUNTY, FLORIDA
PETER PLAINTIFF,
Plaintiff,
v. DANNY DEFENDANT,
Defendant,
____________________/
Case No. 2012-123
Judge Benchpounder
REPLY TO AFFIRMATIVE DEFENSES
PLAINTIFF Peter Plaintiff replies to affirmative defenses filed by Defendant Danny Defendant and states with regard to each:
1. Plaintiff denies the first affirmative defense and each of its alleged facts, demanding strict proof.
2. Plaintiff denies the second affirmative defense and each of its alleged facts, demanding strict proof.
3. Plaintiff denies the third affirmative defense and each of its alleged facts, demanding strict proof.
Peter Plaintiff, Plaintiff
[ Certificate of Service ]
That's all there is to a reply.
You really do NOT need a law degree to understand this stuff.
Conclusion
Answers are just responsive pleadings.
They allege facts by admitting, denying, or claiming no knowledge.
They should include affirmative defenses whenever possible.
They can also include counter-claims, cross-claims, and third-party complaints.
If you cannot avoid the complaint with your flurry of motions, be sure to include everything you can with your answer, because you cannot add anything later.
What you allege in your answer, affirmative defenses, counter-claims, cross-claims, and third-party complaints is what you're going to have to prove to win your case.
Don't try to "prove" anything with them. That's not what they're for.
They are simply to allege what you intend to prove later using your five discovery tools (explained in my Discovery class).
You are now ready to learn how cases are won!
Discovery class is next!
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