How long does a defendant have to file an answer

See Cal. Rules of Court, Rule 2. Any electronically filed document received by the Court on or after midnight will be file stamped on the next court day. In addition to the Self-Help Centers, if you need access to a computer to eFile, you can find public computers at most public libraries and at the Public Law Library.

Once you are served with a lawsuit called a Summons and Complaint you need to decide whether you are going to respond to the lawsuit. If you choose to respond, you then have to decide how. If you were served with a Petition , the information below does not apply. This is a really good time to talk to a lawyer for advice on whether to respond and, if so, how to best handle your case.

Click for help finding a lawyer. The 30 days include weekend days and court holidays. If the last day falls on a day that the court is closed, you have until the next day that the court is open. If you were served by substituted service, meaning the Summons and Complaint were given to someone else in your household or your place of work, and another copy was mailed to you, you have 40 days from the date of the mailing to file your response.

Send a fax or a letter to the law firm confirming the information you are given. If you do not file a response within 30 days after you were served, the plaintiff can file a form called "Request for Default," which means you have defaulted and can no longer respond to the lawsuit to defend yourself. If there is any part of the case you disagree with, or any amount of money you feel you do not owe, you will not be able to tell the court once you have defaulted.

After a default is entered the plaintiff can ask the court to enter a default judgment against you. The plaintiff can prove his or her case without you disputing what he or she says, and can win up to the amount that he or she asked for in the lawsuit against you. Then the plaintiff can enforce the judgment against you. This can mean getting money from you by garnishing your paycheck, levying on your bank account, or putting a lien on your house.

A judgment against you can also show up on your credit report. This can make it hard to get a credit card or a loan. A judgment is good for 10 years and can be renewed for an additional 10 years. In some cases it may make sense for you not to respond.

This is a very difficult decision to make, so talk to a lawyer about what would be best for you in your particular situation. An answer is a formal statement, in writing, of your defense to the lawsuit.

You can say that what the plaintiff claims is not true. General Mills, Inc. Callaway E. Accordingly, the reference to the 20 day time limit has also been eliminated, since the purpose of this present provision is to state a time period where the motion for a bill is made for the purpose of preparing for trial. Rule 12 e as originally drawn has been the subject of more judicial rulings than any other part of the rules, and has been much criticized by commentators, judges and members of the bar.

See general discussion and cases cited in 1 Moore's Federal Practice , Cum. Mylish E. American Steamship Co. It has led to confusion, duplication and delay. On the other hand, many courts have in effect read these words out of the rule. See Walling v. Alabama Pipe Co. National Biscuit Co. Green Co. Standard Accident Ins.

Ohse D. Cohen E. Lawrence D. Hoyt N. Ohio 9 Fed. Jack D. And it has been urged from the bench that the phrase be stricken. Poole v. White N. See also Bowles v. Gabel W. Subdivision f. This amendment affords a specific method of raising the insufficiency of a defense, a matter which has troubled some courts, although attack has been permitted in one way or another.

See Dysart v. Remington-Rand, Inc. McAuley S. Renken E. Turner Milk Co. Stephan Oderwald, Inc. Pennsylvania R. Carroll E. Palmer S. And see Indemnity Ins. Pan American Airways, Inc. Subdivision g. The change in title conforms with the companion provision in subdivision h. Under the original rule defenses which could be raised by motion were divided into two groups which could be the subjects of two successive motions. Subdivision h. The addition of the phrase relating to indispensable parties is one of necessity.

This amendment conforms to the amendment of Rule 4 e. See also the Advisory Committee's Note to amended Rule 4 b. Subdivision b 7. The terminology of this subdivision is changed to accord with the amendment of Rule Subdivision g has forbidden a defendant who makes a preanswer motion under this rule from making a further motion presenting any defense or objection which was available to him at the time he made the first motion and which he could have included, but did not in fact include therein.

Thus if the defendant moves before answer to dismiss the complaint for failure to state a claim, he is barred from making a further motion presenting the defense of improper venue, if that defense was available to him when he made his original motion. Amended subdivision g is to the same effect. This required consolidation of defenses and objections in a Rule 12 motion is salutary in that it works against piecemeal consideration of a case.

For exceptions to the requirement of consolidation, see the last clause of subdivision g , referring to new subdivision h 2. The question has arisen whether an omitted defense which cannot be made the basis of a second motion may nevertheless be pleaded in the answer.

On the other hand, the clause might be read as adding nothing of substance to the preceding words; in that event it appeared that a defense was not waived by reason of being omitted from the motion and might be set up in the answer.

The decisions were divided. Favoring waiver, see Keefe v. Derounian , 6 F. Compulsory counterclaims. Permissive Counterclaims. You can assert it in a separate lawsuit. If you do nothing, the plaintiff can — and probably will! You may have other options as well. The best way to evaluate your options is to speak to a lawyer. An attorney might be able to identify defenses that apply to you or even help you settle your case out of court. If you decided to file an answer or motion with the court, the Self-Help Center might have a form to help you.

You'll need to use the form for the correct court. Look at the summons and complaint you received. On the first page of the summons or complaint, there's a "caption" heading. That caption should indicate which court the case was filed in district or justice. For information on how to fill out legal forms, click to visit Basics of Court Forms and Filing. You can pay the filing fee by cash, Visa, Mastercard, ATM or debit card, money order, or cashier's check.

Current filing fees are:. If you are unable to pay the filing fee, you can file an Application to Proceed in Forma Pauperis sometimes called a "fee waiver application" , which is available for free at the Self-Help Center. You can also download the form on your computer by clicking one of the formats underneath the form's title below:.

There is an automated interview for applicants filling out the District Court Fee Waiver. This interview will complete the fee waiver forms for you after you answer a series of questions.

At the end of the interview, you will have to print your forms, sign them, and file them. This interview will only generate the District Court Fee Waiver forms. Pdf Fillable. For more information on filing documents with the district court or justice court, click to visit Basics of Court Forms and Filing.

You must generally give the other side a copy of any document you file with the court. If the other side has an attorney, you must give the documents to the attorney instead of the other party. The court may issue an order to show cause why sanctions should not be imposed if that party fails to obtain entry of judgment against a defaulting party or to request an extension of time to apply for a default judgment within that time.

Responsive papers to an order to show cause issued under this rule must be filed and served at least 5 calendar days before the hearing. Rule 3. Previous Rule.