Legal Question in Business Law in Ohio
What for needs to be filed for court
My Father-in-law has to submit an answer in court regarding a case filed against him by an old employer saying he signed a Non-Compete form. He didnt have enough money for his lawyer so he needs to submit his answer himself. If you could tell us what form he has to submit and how it needs to be written I would really appreciate it. We are running out of time so please respond as soon as possible.
1 Answer from Attorneys
Re: What for needs to be filed for court
By all means, do not let the deadline pass without
filing an answer.
Please reconsider having your attorney file this.
If your current attorney cannot, perhaps another
in your area may for a reasonable fee. If not done
correctly, your father-in-law may lose by default.
If you must do it without an attorney, please
consider following these principles:
1. On your answer, use the same "caption" as used
in the complaint. That is the part that names the
court and the plaintiff.
2. After that, start your answer with something
like this:
Now comes defendant to answer plaitiff's
complaint.
3. Then, after reading each allegation of the
complaint, make a decision as to one of the
following:
a.) deny it,
b.) admit it, or
c.) decide that you don't have enough information
to answer, or that the allegation is so
vague that you cannot answer it.
4. Take each allegation, and respond:
Defendant [pick one: admits, denies, cannot answer for
insuffient information] the allegations contained
in paragaph XX of the complaint.
5. Address EACH AND EVERY ALLEGATION. Otherwise,
the court may consider that you admit it.
6. Add a final catch-all statement:
Defendant expressly denies each and every
allegations, contained in the complaint, not specifically
admitted.
7. Sign your answer, and add this after your
printed/typed name:
[printed name], Pro Se
That tells the court that you are not represented
by an attorney. The court MAY give you some consideration.
These are general suggestions, and not really
legal advice. An attorney should really take a
look at complaint and the facts. The final answer
would be reviewed and tightened up before filing.
I wish you well.
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