A complaint has been filed in court and the defendant must respond within 28 days or a judgement by default will be entered.

Asked over 2 years ago - Columbus, OH

What type of motion must be filed by the defendant in response? The defendant defaulted on the repayment obligation upon discovering that the services were not properly rendered. There are 2 counts: MONEY LENT/MONEY PAID & UNJUST ENRICHMENT. A credit card was used by the defendant.

Attorney answers (3)

  1. David Keith Greer

    Contributor Level 12

    1

    Best Answer
    chosen by asker

    Answered . The defendant needs to file an answer to the complaint. A defendant may also file a motion to dismiss based on what was pleaded in the complaint. If the motion is overruled however, the defendant must answer the complaint.

    There is a difference between defaulting on the repayment obligation, and a default judgment. The defendant still has a right to dispute the debt, though it may seem clear cut to some. But he must assert his defenses, and dispute any facts in the complaint, in an answer.

  2. John Robert Sauter

    Contributor Level 11

    Answered . An Answer.

    If you (or someone you know) are/is the Defendant, I'd advise you to speak with an attorney. A general civil or debtor/bankruptcy attorney may be able help you or the person you know reach a solution to the issues named in the complaint.

    Disclaimer: This does not constitute legal advice. No attorney-client relationship has been formed through this... more
  3. Michael Lawrence Fine

    Contributor Level 10

    Answered . In response to a Complaint, a defendant must file a "Answer" (not a motion, with certain exceptions). It sounds like you would have defenses and counterclaims to raise along with the Answer. You should consult with an attorney to do this properly.

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