Understanding the Timeframe
In federal court, you have 21 days to file an answer to a complaint after being served with it. This is according to Federal Rule of Civil Procedure 12(a)(1)(A).
What Happens If You Don't File an Answer?
Failing to file an answer within the allotted timeframe can lead to a default judgment being entered against you. This means the court will rule in favor of the plaintiff without hearing your side of the story.
What is an Answer?
An answer is a formal document filed with the court that responds to each allegation in the plaintiff's complaint. In it, you can:
- Admit to the allegations.
- Deny the allegations.
- Claim you don't have enough information to admit or deny the allegations.
- Raise any affirmative defenses you might have.
Extending the Deadline
You can request an extension to file your answer if you have a good reason. You'll need to file a motion for an extension with the court.
Seeking Legal Counsel
It is strongly recommended that you consult with an attorney if you have been served with a complaint in federal court. They can guide you through the process of filing an answer and help you protect your legal rights.