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Courts and procedure
Answer
An answer is the formal written statement a defendant makes in response to a complaint, setting out the grounds for defense. 1
Talk to a lawyerHow it works
In bankruptcy, answers come up in adversary proceedings, which are lawsuits within or related to a bankruptcy case that start when someone files a complaint. 1
The clock is short. A defendant must serve an answer within 30 days after the summons was issued, unless the court sets a different time. The period runs from the date the summons was issued, so that is the date to check. 2
When the defendant is the United States or one of its officers or agencies, the answer to a complaint is due within 35 days after the summons was issued. That is the deadline when a debtor sues a federal agency, and a debtor who wants a student loan discharged must file an adversary proceeding. 2 3
A defendant who does not answer or appear risks a default judgment, which is a judgment for the plaintiff because the claim went uncontested. 1
Common questions
I was served with a complaint in my bankruptcy case. What should I do?
Check the date the summons was issued and count the deadline from there. The right response depends on the case, so talk to a bankruptcy lawyer quickly. 2
How long is there to answer a counterclaim?
An answer to a counterclaim or a crossclaim is due within 21 days after being served with it. 2
Sources
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