Full question:
I am attempting to answer a verified complaint (pro se) by a company in FLA (Miami-Dade Civil court). Do I have to answer everything in the complaint, by section and point by point - the sections are: FIrst, the Verified Complaint, then Parties Jurisdiction Venue, Facts, then Count 1, CountII and lastly, Verification? Or, can I simply send a letter explaining why I feel the complaint is unwarranted, and counter claim against the Plaintiff?I also understand that the FLA court system requires the parties to mediate differences. I have not been successful in mediating with the Plaintiff's attorney, thus far. Shall I also answer the complaint stating that they are being unreasonable with their demands?
- Category: Civil Actions
- Date:
- State: Connecticut
Answer:
An answer is a legally sufficient response to the allegations in the complaint. You should generally respond to each claim made in the complaint, admitting or denying each one by paragraph. If you cannot admit or deny a claim due to lack of knowledge, you should state that. You may also raise defenses and assert a counterclaim or cross-claim.
An informal letter is not sufficient; a formal pleading is required, following the court's format. By filing an answer, you prevent a default judgment from being entered against you without a chance to be heard. You must also attach a certificate of service to show that you delivered a copy to the opposing party.
Discovery is the process to gather information from the other party, which can include requests for documents or subpoenas. Various defenses are available depending on the situation, such as arguing that no contract was formed or that you lacked capacity to enter into a contract. Other defenses include unconscionability, mistake, fraud, undue influence, and duress. For examples of answers, users can search for state-specific legal templates at .
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.