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Procedure un MI civil rules for filing an answer to a summons and complaint

How do I file an answer and are there any forms I need to fill out?

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Attorney answers (4)

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Reputation Level 11
Filing an answer to a complaint can be a tricky process, and you can waive claims or defenses you might have against the plaintiff if you fail to raise them in your answer. It really is not a job for an amateur, and you should honestly consider hiring an attorney, depending upon the amount in question and the potential consequences if you do not prevail. Consult Avvo for lawyers in your area.

That being said, it is better to file something with the court, and yes, a form is required. Usually, the clerk's office at the court will NOT give legal advice, but they might have a form which you would then file with the clerk. You could also contact your local Bar Association to find out if there are any resources to help you. Good luck!
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Reputation Level 10
Sometime there are useful MOTIONS that can be filed instead of an answer to a summons & complaint. IF a defendant files an answer instead of filing the motions this can waive the right to bring the motions that could have been filed. Some of these motions MIGHT be able to end the case. Maybe not, but worth considering.
The papers that you were served with should indicate when you must file a response by.
You cannot let the date go by without doing something or you will be in default and this will not end well for you.
As the others have written, you really do need to contact a lawyer in your area for help. The lawyer should be willing to meet with you for a short time to discuss your options and the lawyer should be willing to do this without charge.
Don't wait until the last day to do this. Good luck.
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Reputation Level 14
I'd highly recommend you consult a local attorney to review the complaint. You don't say what type of case is, and that can make a difference as to what you'd do to respond. You want to at least get an appearance filed as soon as possible to prevent a default from being entered against you. You can accomplish this at the courthouse at which the case is filed.
1 person marked this answer as good

Reputation Level 6
I suggest you contact a lawyer, as you may have legal rights that you are unaware of. Either search for a lawyer in your area on Avvo, call the Michigan Lawyer Referral Service at (800) 968-0738, or call your local legal aid office for assistance. But take notice, if you do not do anything, a default judgment will be entered against you.
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