What's the order of operations for filing an answer to a complaint?

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1. Licensed in CA

   

   Mher Asatryan

   Van Nuys Personal Injury Lawyer

   Contributor Level 11

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   Answered June 12, 2012 22:39. Serve the plaintiff first then file your Answer so that you can file the completed Proof of Service which indicates that you have already served the Plaintiff with your Answer. If you are serving via mail, you only need to put the Answer in the mail and fill out the proof of service indicating that you have placed the Answer in the mail. You do not actually have to wait for the Plaintiff to receive the Answer before filing. If you hare serving via Personal Service, you would have to make sure the Plaintiff received the Answer so that your Proof of Service is accurate.

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2. Licensed in CA

   

   Kevin SullivanPro

   San Francisco Debt Collection Attorney

   Contributor Level 20

   

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   Answered June 13, 2012 07:32. You serve the answer in the mail and then you hand file the answer with a proof of service in the mail. You really should hire a lawyer. What kind of lawsuit is this?

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   Alan D. WaltonPro

   Birch Run Bankruptcy Attorney

   Contributor Level 19

   

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   Answered June 13, 2012 04:43. You should do them at the same time. Your answer has a due date, where if you do not file there will be a default. The Plaintiff and/or the court can file a default if you miss the deadline, so delaying one or the other could cause problems. The Answer form our state courts use has a proof of service right at the bottom where one states that it has been mailed to the Plaintiff.

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