You must file an Answer within 30 days after you receive a Summons and Complaint. You may want to talk to an attorney about your options. If you do not know an attorney who can assist you, you may call the South Carolina Bar’s Lawyer Referral Service at 1-800-868-2284 and ask for a Family Law attorney in your county.
Rather, you must file a written answer with the court by the deadline stated on the summons. Generally, if you receive a summons you should contact an attorney. However, you can also answer a summons without an attorney. Most courts have templates you can use to make sure you don't leave anything out. [1]
Search for forms or templates to format your answer. An attorney would draft an answer from scratch. If you're not going to hire an attorney, however, many courts have forms or templates that you can use for your answer. There may even have been one included with your summons and complaint.
These forms will be available at the clerk's office of the court that issued the summons. Research the law for the case. Once you've read the complaint and understand why you are being sued, the elements of the law can give you insights into the strengths and weaknesses of the case against you.
Determine how long you have to respond. The summons you receive will tell you how many days you have to respond to the lawsuit. If you don't file a written answer in court within that deadline, the person who sued you can get a default judgment for everything they've asked for, even if some of the statements they made aren't true.
Provide the name of the court at the top of the Answer. You can find the information on the summons. ... List the name of the plaintiff on the left side. ... Write the case number on the right side of the Answer. ... Address the Judge and discuss your side of the case. ... Ask the judge to dismiss the case.
How Should I Respond to Being Served?Don't Avoid the Server. The person serving you is just trying to do his or her job. ... Note the Date to Respond to Being Served. ... Understand Your Options. ... Find Out What Your Answer Should Be. ... File and Send the Plaintiff a Copy. ... Take the Next Steps.
How do I answer the complaint?Read the summons and make sure you know the date you must answer by.Read the complaint carefully. ... Write your answer.Sign and date the answer.Make copies for the plaintiff and yourself.Mail a copy to the plaintiff. ... File your answer with the court by the date on the summons.
They must make an affidavit if they are served by someone else. There must be an affidavit from the printer or publisher in order for it to be considered a with South Carolina Process Service.
An affirmative defense says, essentially, “even if what you're saying is true, I'm not liable for reason XYZ.” Examples of affirmative defenses include bankruptcy, statute of limitations and self-defense.
You can sue someone even if they have no money. The lawsuit does not rely on whether you can pay but on whether you owe a certain debt amount to that plaintiff. Even with no money, the court can decide that the creditor has won the lawsuit, and the opposite party still owes that sum of money.