Who Performs The Service My Mail On A Probate

I just got a summons and complaint. Information technology says I have torespond by a certain engagement.

If you got a summons and complaint, you lot are the "defendant" in this case. The person who filed the complaint is the "plaintiff." The complaint tells the courtroom and you what they desire the court to practise. They put their reasons in their complaint. In your respond, you respond to the complaint.

What is an answer?

An reply is your answer to the complaint that was filed. The courtroom already has the complaint form from the plaintiff. When you lot file your reply with the court, you tell the court, in writing, the statements in the complaint that:

yous agree with,
y'all disagree with, and
you practise non know about.

When you get to court, you can explain each point in more than detail.

How do I reply the complaint?

Read the summons and make sure you know the engagement you must reply by.
Read the complaint carefully. You must have the complaint in front of you to write your answer.
Write your reply.
Sign and date the answer.
Brand copies for the plaintiff and yourself.
Mail service a copy to the plaintiff. Employ certified post. If the plaintiff has a lawyer, mail a copy to the plaintiff's lawyer.
File your respond with the court by the date on the summons. Filing your reply means, take your answer to the court, give it to the clerk. The clerk will postage information technology the answer with the engagement and time. You must file your answer in the same court that is on the Complaint.

Read the Complaint

There is a number in front of each paragraph in the complaint. Write the number for each paragraph in front of your reply to that paragraph. Some paragraphs in the complaint may have more than one statement.

In a Complaint, the first paragraph is ordinarily basic facts. It names the Plaintiff and Accused. It also says where they each live.

The center paragraphs are a very cursory version of the Plaintiff'due south side of the story. Information technology likewise lists the facts as the Plaintiff sees them.

The last paragraph oftentimes begins "Wherefore the Plaintiff requests that the court…." This paragraph tells the courtroom what the Plaintiff wants the court to order.

The heart paragraphs are a very brief version of the Plaintiff's side of the story. They also listing the facts as the Plaintiff sees them.

The last paragraph ofttimes begins "Wherefore the Plaintiff requests that the court…." This paragraph tells the court what the Plaintiff wants the courtroom to lodge.

Write your answer

Number your paragraphs to match the paragraphs in the Complaint. Write one judgement in the answer for every statement in the complaint. Only tell the court that you agree, disagree or you do not know if the statement is true.

Lawyers usually write "the Defendant admits...," if you agree with the statement. They write "Accused denies...," if y'all disagree with the statement. You lot can talk well-nigh yourself as "the defendant" or you can but say "I acknowledge," or "I deny that...."

If you disagree, you tin also write one short sentence about what is true.

Example

The complaint gives the incorrect altogether for a child. You can say, "I deny that Rafe's birthday is iii November, 2008. Rafe'due south birthday is 13 November, 2008."

Where exercise I get an Answer form?

The only official courtroom answer form is the Answer to Divorce. Yous tin can become it from the Probate and Family Court. There is no "official" court respond course for any other complaint. Lawyers write Answers from scratch. If you need to write an Answer, include:

The name of the court - you tin can observe this at the top of the Complaint you got. If you are reading this article the Complaint you got was probably from the Probate & Family unit Court.
The Court Division - this is the county where the complaint was filed. Again, expect at the Complaint you lot got. The Division is in the upper left corner.
The Docket No. - Look at the upper right corner of the Complaint. If the space is empty look at the Summons. If yous cannot observe a Docket No. anywhere, yous can inquire the clerk at the court when you file your Respond for the Docket No.
The Plaintiff's name.
The Defendant'south proper noun - your name.
The kind of complaint you are answering. Read the complaint yous got served - it will say, "Complaint for..." at the summit, nether the proper name of the court.
The plaintiff's address.
Your address.
A numbered list of answers to the statements in the Complaint. This is the "meat" of your answer - where you outline your version of the problem to the court. See write your reply.
Your signature.
The engagement you file your reply.
A Certificate of Service that tells the court how you made sure you sent a copy of the answer to the plaintiff.

Meet some examples of answers on the Legal Forms page of the Children and Families section.

What is a "Document of Service"?

A Certificate of Service is the statement yous make to the court that says y'all take mailed a copy of the reply to the plaintiff. If the plaintiff has a lawyer, you can post a copy just to the lawyer. You must tell the court who you sent the re-create to. You must besides tell the court how y'all mailed the answer, mail or certified mail, hand-delivered, or some other manner.

What practise I practise after I make full out the Answer?

mediation icon courtesy of graphicadvocacy.org

Sign and date the respond with the date you are going to file information technology at courtroom.

Fill out a certificate of service, sign it and date it the same mean solar day yous plan to file the reply at court.

Make copies of the answer and the certificate of service.

Mail one copy to the plaintiff or the plaintiff'south lawyer. Use US Beginning Grade Mail, Certified Post or deliver the documents in person. Keep a re-create for yourself. Take the original Reply and Certificate of Service to the court named in the Complaint. Requite the originals to the clerk at the court.

How much does it cost to file an Respond?

Nothing. The only cost to you is the photocopying and the cost of mailing the papers to the plaintiff or the lawyer.

Is at that place a time limit? How long practise I take to Reply?

Look at the Summons. You need to file an Reply past the date in the Summons. For well-nigh cases you take twenty days after you were served the Complaint, but check the Summons.

What if I miss the deadline in the Summons?

It is very important to file your respond on fourth dimension. If you lot missed the deadline, y'all tin try to file your answer belatedly. It is better to file a late respond than no answer, only not all clerks volition accept a tardily answer. Y'all may take to ask the guess for permission to file a late answer. If that happens you would accept to file a move for permission to file a late answer.

What happens next?

Your Answer goes into the court file. When your case comes upward, the guess can open the file and read your Reply. Also the plaintiff or the plaintiff's lawyer should read your Answer. The example should go more smoothly when every one is prepared.

If there are financial issues, such as child support, is there anything else I volition demand to file?

If the case involves financial issues y'all will need to file a Financial Statement. Y'all will not necessarily demand to file the Financial Statement by the time yous file your Answer. Y'all will need to file a Financial Statement upon proper request by the other party, if ordered by the courtroom, or following court rules. Parties must file a current Fiscal Statement at hearings about fiscal issues such as child support.

Also, you will need to fill out a Kid Support Guidelines Worksheet for any court hearing virtually child support.

Could information technology ever hurt me to file an Answer?

Be very careful if y'all file an Answer to a family law Complaint outside Massachusetts. Sometimes a family police case should non be heard in another land. If you do not tell the court that the case should be heard in Massachusetts, you might be stuck arguing a example out of state. This could crusade problems for y'all.

If you are served a Complaint from some other state, speak to an attorney in that state for some advice.