Legal Question in Credit and Debt Law in Massachusetts

Re: How to submit an answer in legal format

When you answer a complaint, you must follow whatever court rules apply for the specific Court in which the Complaint was filed. Courts have different rules, and you can ask a librarian at a local Court for books that define the rules that apply in the Court you are preparing an answer for.

In general, you need to construct an answer that can be easilly matched up with the complaint. Most Courts require that the complaint set forth numbered paragraphs (starting with 1). When you answer, you need to number your answer with the same paragraph numbers. For example, if the complaint has a paragraph 1 that states: "The Defendant, Your Name Goes Here, lives in Bigcity, New York", your answer can be: (a) Admit, (b) Deny, or (c) I have insufficient information to either admit or deny. You will probably chose (a) or (b) (you do know where you live, right??).

In addition to responding to the allegations made in the complaint, you must set forth any defenses you have (or in some cases, you waive these defenses in the future). Some defenses are legal "technicalities", which can result in a dismissal, even if everything that the Plaintiff said was true. You also must include any claims you have against the plaintiff, called counterclaims. Some Counterclaims must be set forth in the answer, or you forever waive your right to them. Other counterclaims can be brought at a later time.

The answer can also include "Cross claims". FOr example, if you are sued, and you have insurance for the claim, you can cross claim -- basically saying "If I am responsible for any debt, it should be paid on my behalf by Insert Crossclaim Party here.

Continued in part II

Re: How to submit an answer in legal format Part II

The rules for how to construct an answer can be baffling to those not trained in the law. If you file an answer that is not accepted by the Court, you are seen as not having filed an answer at all. The Court can then default you, and give the Plaintiff whatever they are asking for.

If you respond with admissions, you could find that the Plaintiff wins on the basis of your admissions, without ever going to trial, in a "Summary Judgement" (the court basically decides that the facts, as you have admitted them, satisfy the legal requirements for the legal theory of recovery advanced by the Plaintiff, and there is no reason to have a trial, since you have admitted the facts that are needed to make a decision. Sometimes the facts to make this decision are not obvious to a non-attorney).

If you file an answer without the assistance of an attorney, you may omit defenses and claims that could have made you the winner. You could also inadvertently admit something that you did not fully understand (and be held to that later), and you could waive recovery of your costs and attorney's fees. The Courts will enforce their rules, whether they are "fair" or not. If the amount that you are being sued for is significant, you shold see an attorney. If you can afford to pay the judgement, and you don't mind if you lose, you might consider doing the work yourself, though my advice to you is to hire an attorney. Good luck, hope this helps!