Introduction
A civil complaint is the first step in a lawsuit. It's a legal document filed by the plaintiff (the person suing) that outlines the claims against the defendant (the person being sued). In Pennsylvania, you must respond to a civil complaint within 20 days of being served with it. Failing to do so could result in a default judgment against you, which means the court will rule in favor of the plaintiff without you having the opportunity to present your side of the story.
Answering a Civil Complaint
Here's a step-by-step guide to answering a civil complaint in PA:
1. Read the Complaint Carefully
Understand the allegations against you. Pay close attention to the following:
- What are the specific claims made against you?
- What are the damages sought by the plaintiff?
- What are the legal theories the plaintiff is relying on?
2. Consult with an Attorney
It is highly recommended that you seek legal advice from an experienced Pennsylvania civil litigation attorney. An attorney can help you understand your legal options and guide you through the process of filing a response.
3. File an Answer
Your answer must be filed with the court within 20 days of being served with the complaint. It should address each of the plaintiff's allegations and include the following:
- An admission or denial of each allegation. If you admit to the allegations, you are essentially agreeing with the plaintiff's claims. If you deny them, you are stating that the plaintiff's claims are not true.
- Affirmative defenses. These are legal arguments that can defeat the plaintiff's claims, even if the allegations are true.
- Counterclaims. These are claims you may have against the plaintiff.
4. File a Motion to Dismiss (Optional)
If you believe the plaintiff's complaint is legally flawed, you can file a motion to dismiss the case. This is a formal request to the court to dismiss the lawsuit.
5. Serve the Answer on the Plaintiff
Once you file your answer with the court, you must also serve a copy on the plaintiff's attorney. This can be done by certified mail or by personal service.
6. Discovery Phase
After you file your answer, the case will enter the discovery phase. During discovery, you and the plaintiff will exchange information and documents to prepare for trial.
Conclusion
Answering a civil complaint in Pennsylvania is a complex process. It is important to seek legal advice from an experienced attorney to ensure that your rights are protected. By following these steps, you can ensure that you have the best chance of successfully defending yourself against the plaintiff's claims.