Civil Litigation Lawyers 
How To Respond To A Complaint If You've Been Sued ?

Have you been sued or served with a lawsuit?

We Can Help You!

Schedule a Free Consultation (248) 281-6299

Responding To A Complain​t If You've Been Sued

If you have received a summons and complaint, that probably means you are being sued. If you do not file a written answer response within the required time (21 days or 28 days if you were served by mail), the “plaintiff” (the party suing you) can ask the court for a  default then default judgment against you for everything she or he asked for in her /his/its complaint. After the plaintiff gets a default judgment, he/she/its can try to garnish your wages, attach your bank account, or take your property.

 What is an Answer?

An Answer is a written response to the complaint.  The defendant or the defendant's attorney must appear and answer the complaint. The defendant has either 21 days (if served in person) or 28 days (if served by mail) from the date of service
filies a written answer or a motion under MCR 2.115 or 2.116 and serving a copy on the plaintiff or the plaintiff's attorney.  MCR requires the defendant to admit or deny every statement in the complaint. If the defendant does not have enough information to determine whether
the statement is true or false, the defendant must state that he or she does not have enough information to admit or deny that statement. 

Complaints in Michigan are usually enumerated (mean numbered 1,2,3,4....) and so your answer should also be enumerated with your responses matching the Complaint paragraph-for-paragraph. For example:

Paragraph 1:      The Defendant did somesthing wrong hurt he Plaintiff.
Paragraph 2:      The Defendant breached the contract with the Plaintiff”.

Answer paragraph 1 “Denied”.
Answer paragraph 2 “Denied”.

After answering  each aragraph  in the complaint, you need to state any affirmative defenses or counterclaims you have. 
An affirmative defense is an explanation by you of why the Plaintiff is wrong and why you should win the lawsuit. 
Affirmative defenses are based on facts other than those alleged by the Plaintiff in the Complaint which, if proven by
you, would defeat or reduce the claim.  If you do not include an affirmative defense, you may be waiving your right
to rely on it later.  For this reason, it is common practice to use a kitchen sink strategy with affirmative defenses and include
as many in your answer as is appropriate. Commonly used affirmative defenses include:

Lack of personal jurisdiction – you were not properly served with the summons and complaint.
Statute of Limitations – the allegation is too old 
Plaintiff fails to state vaild claim

​Finally, you must determine if you have any counterclaims. You need to file your counter complaint with your answers. 
Advanta law will fight for you in your legal battle.We believe you deserve the finest representation and will guarantee satisfaction.
If you believe you have been sued, and you need to review your options, talk to us . We are dedicated to aggressively defending your rights.  Call our law firm today at (248) 281-6299.

Free Consultations for all civil litigation in Michigan.  

At Advanta Law, we always offer a free consultations.  You may speak to a professional lawyer at any time and ask questions about your case so that you have a proper understanding of the issues facing you.