Legal Question in Business Law in Minnesota

Re: answering a summons and complaint

Thank you for your question. Depending on what is at stake in the suit, you should probably review the matter with an attorney. In the meantime, however, you have probably done the right thing by serving an answer (subject to the caveat below).

An answer, although not required to follow a specific form, must nevertheless comply with the spirit of the procedural rules. In general, you must either admit, deny, or otherwise declare you can neither admit or deny, each allegation in the complaint.

The fact that there is no case number on the complaint is largely irrelevant. A civil action under Minnesota law is commenced by service of the summons and complaint, not by filing. The popular phrase, "I'm going to file a lawsuit," is merely a colloquialism. A great many lawsuits are commenced by service of the pleadings and resolved without anything every being filed in court. However, the court can not enter a judgment or otherwise take action on the matter until the pleadings are filed and a court file is opened.

If you are relatively confident of your case, and the cause of action set forth in the complaint is not supported by the facts or law, it may be worthwhile for you to file your answer and, thereafter, file a summary judgment motion. This would be appropriate if the plaintiff insists on proceeding. The procedural requirements for such a motion are fairly strict, and must be followed closely. If the claim indeed lacks merit, however, the court can grant judgment in your favor and dismiss the case.

The only thing I would be concerned about is that you may not have considered counterclaims in your answer to the complaint -- one of the reasons for reviewing this with an attorney before taking action. Some counterclaims are compulsory, and will be are lost if not pled in the answer, while others are permissive. That is also the time to consider third party claims against others who's conduct may be relevant to the proceeding.

If you have additional questions or concerns, my contact information is below.

Good luck.

Re: answering a summons and complaint

Yes, you should immediately interpose a Request for Production of Documents to ascertain their evidence.

A Case # is not available until one party or the other FILES the case with the District Court.

If you have a strong basis for defense, you may wish to move for Summary Judgment which would resolve the case without trial.

I have 25 years experience in Business Law if you wish some additional guidance.

Re: answering a summons and complaint

I would only add to the previous two answers as follows: You could contact the Court Administrator in the county designated in the heading of the complaint (State of Minnesota, County of ___) to see if the case has been filed. The fact that a court file number does not appear on your copy means nothing. There are a few types of cases, mechanics lien law, for instance,in which you must file the answer with the court administrator. This assumes that this is, in fact, a suit in the Minnesota STATE court system.