If you have to answer a lawsuit, there are certain things you need to know. When someone files a lawsuit against you in Tulsa County, it is crucial to respond within the legally specified time frame to avoid a default judgment. However, knowing when this is can be difficult. Here’s what you need to know about the timeline and steps to take when answering a lawsuit in Oklahoma.
Time Frame to Answer a Lawsuit
In Oklahoma, you typically have 20 days from the date you were served with the summons and complaint to file an answer with the court. This rule applies to most civil cases, including personal injury, breach of contract, and other common civil litigation matters. In some cases, you may be able to request an extension. However, this is at the discretion of the court and often requires a valid reason for the delay.
Steps to Answer a Lawsuit
When you’re answering the lawsuit, there are certain steps you need to follow. Throughout the entire process, consult an attorney to help you understand the legal implications and prepare an appropriate response.
Review the Complaint: Carefully read the complaint to understand the allegations against you and the specific claims the other party is making. Also note any deadlines and required actions.
Draft Your Answer: In your answer, you must respond to each allegation in the complaint by admitting, denying, or stating that you lack sufficient information to admit or deny the allegation. Include any affirmative defenses you have, such as the statute of limitations. If you have any claims against the plaintiff, include them as counterclaims in your answer.
File the Answer: File your answer with the court where the other party initiated the lawsuit. Ensure you follow the court’s rules for formatting and submission. Pay any required filing fees unless you qualify for a fee waiver.
Serve the Plaintiff: Serve a copy of your answer to the plaintiff or their attorney. This can typically be via mail, but you may need to file proof of service with the court.
Consequences of Missing the Deadline
If you fail to answer the lawsuit within the 20-day period, the plaintiff may request a default judgment against you. This means the court could decide in favor of the plaintiff without hearing your side of the story. A default judgment can lead to wage garnishment, property liens, as well as other enforcement actions to collect the judgment amount.
If a default judgment is entered against you, you may file a motion to set aside the default. However, you must demonstrate a valid reason for not responding on time, such as not being properly served or other excusable neglect.
Tulsa Civil Litigation Lawyers
In Oklahoma, you will usually have 20 days from the date of service to answer a lawsuit filed against you. It is essential to act promptly, carefully review the complaint, and file a well-prepared answer within the specified time frame. Failure to respond can result in a default judgment, which can have significant consequences. Seeking legal advice and maintaining thorough records can help ensure a proper and timely response to the lawsuit.
Our team here at Tulsa County Lawyers Group will guide you through the process. We will make it our goal to ensure you meet all deadlines and requirements. If you need help, contact us today by calling (918) 379-4864 or reach us online for a consultation.
