If you or your company have been sued, it’s important you handle the litigation immediately.
After being served with a lawsuit, you are provided a certain amount of time to appear in the litigation by filing an Answer. The answer is simply that, an answer to the lawsuit filed against you. It’s a very, very important document for a number of reasons. Most importantly, however, filing an answer prevents your adversary from taking a “default judgment” against you.
If you fail to file a timely answer, a default judgment can be taken against you or your company. These default judgments are extremely easy to obtain if defendants fail to file an answer, and since your adversary will be the only party in the litigation saying anything, the judgment against you or your company will completely be on their terms. Filing an answer is the best way to prevent to this from happening.
Here are other reasons why your answer is important:
Certain objections to the lawsuit must be filed in your answer, or they are waived
If you have defenses to the lawsuit, they must be correctly pled in the answer
If you have a counterclaim, it may be waived if not included with your answer
If you don’t properly deny the claims in the lawsuit, the court may deem them admitted
It’s no secret that hiring an attorney can be expensive, and you may not have the resources to pay an attorney a big retainer and have them represent you in the litigation. However, if your in this situation, or if the litigation just simply isn’t valuable enough to justify hiring counsel, it is a good idea to get legal assistance with the drafting of your legal answer.
Smiley Law Firm can help you by drafting your Answer, and giving you advice on how and where to file it.
Once your Answer is drafted, you’ll be better prepared to proceed against your adversary in court, and your legal rights in the litigation will be properly protected, putting yourself in the best position possible to defend your position. From there, you can proceed on your own, contract Smiley Law Firm to help you on an on-going basis, or hire Smiley Law Firm to prepare any supplemental documents.