Free online legal forms-Answer

ANSWER

 

Attorney name

Address

Phone

 

Attorney for Defendant, ___________________________

 

 

__________________ Court, County of _______________

[xxx District]

 

_________________________ ) No. ___________

Plaintiff(s) )

vs. ) ANSWER TO COMPLAINT

_________________________ )

Defendant(s) )

 

________________________, defendant, answers the complaint of ________________________, plaintiff, in this action as follows:

 

RESPONSE TO PRELIMINARY ALLEGATIONS

 

In answer to paragraph ___, defendant is without sufficient information or belief to admit or deny the allegations in this paragraph. Based on this lack of information or belief, defendant denies the allegations.

 

In answer to paragraph ___, defendant admits ________________________. Defendant denies the remaining allegations in this paragraph.

 

In answer to paragraph ___, defendant admits that _______________________. Defendant is without sufficient information or belief to admit or deny the remaining allegations in this paragraph. Based on this lack of information or belief, defendant denies the remaining allegations.

 

In answer to paragraph ___, defendant denies the allegations in this paragraph.

 

RESPONSE TO FIRST CAUSE OF ACTION

 

In answer to paragraph ____, defendant denies the allegations in this paragraph.

 

In answer to paragraph ____, defendant admits "_______________"; defendant denies the remaining allegations in this paragraph.

 

RESPONSE TO SECOND CAUSE OF ACTION

In answer to paragraph ____, defendant denies the allegations in this paragraph.

 

In answer to paragraph ____, defendant admits "_______________"; defendant denies the remaining allegations in this paragraph.

 

FIRST AFFIRMATIVE DEFENSE

Other Action Pending

 

This action is barred by a prior action pending before __________________

Court which involves the same transactions, issues, parties, and property that are the subject of the complaint. The other action presently pending is Case No. _______________, in ____________ Court, filed by _______________________ against ___________________. Both parties to this complaint have appeared in the other action. Defendant requests that the Court take judicial notice of the other action. A copy of the complaint in that action, filed on _________________, is attached as Exhibit A.

 

SECOND AFFIRMATIVE DEFENSE

Lack of Standing

 

This complaint is barred by the fact that plaintiff lacks standing to bring an action. Plaintiff is not a party to the transaction and is not connected to the transaction. Defendant owes no duty to respond to plaintiff's allegations regarding the transaction.

 

THIRD AFFIRMATIVE DEFENSE

Fails To State Cause of Action

 

The complaint is barred by plaintiff's failure to state a cause of action against defendant.

 

FOURTH AFFIRMATIVE DEFENSE

Laches

 

The complaint is barred in whole or in part by laches.

 

FIFTH AFFIRMATIVE DEFENSE

Unclean Hands

 

The complaint is barred in whole or in part by plaintiff's unclean hands.

 

SIXTH AFFIRMATIVE DEFENSE

Equitable Estoppel

 

The complaint is totally barred by plaintiff's role in the transactions that are the subject of the other action pending, the complaint in which is attached as Exhibit A.

 

SEVENTH AFFIRMATIVE DEFENSE

Indemnity

 

If any liability exists on the part of defendant to plaintiff, such liability is to be completely indemnified by ____________________________.

EIGHTH AFFIRMATIVE DEFENSE

Offset

 

Any amount sought to be recovered in this action is barred in whole or in part by the amount owing from plaintiff to defendant.

 

WHEREFORE, defendant requests judgment as follows:

 

That plaintiff take nothing by the complaint, which will be dismissed with prejudice.

 

That defendant recover from plaintiff costs in the amount of $ ___________________.

 

That the Court order further reasonable relief.

 

 

Date: ________________________________

Signature, (name)

Attorney for _____________________

 

Warning:

These forms are provided AS IS. They may not be any good. Even if they are good in one jurisdiction, they may not work in another. And the facts of your situation may make these forms inappropriate for you. They are for informational purposes only, and you should consult an attorney before using them.

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