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What is the legal remedy through which some one can ask to not answer a complaint?

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ltacher | Student, Undergraduate | Honors

Posted May 15, 2013 at 12:18 AM via web

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What is the legal remedy through which some one can ask to not answer a complaint?

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Kay Morse | College Teacher | (Level 1) Senior Educator

Posted May 15, 2013 at 10:29 PM (Answer #1)

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When you are issued a legal complaint against you, it means you are being sued. Your legal obligation is to answer each itemized claim in the complaint. There is not remedy for this: You must answer. If you do not answer, the Judge will view your failure to answer as an admission of guilt. A recourse to a request for a remedy is available to you within the construction of the complaint. AFTER you have answered each claim, you may ask the Court for the remedy you wish to receive for having the complaint brought against you. In other words, the remedy you request is the remedy you seek against the plaintiff (one making the complaint) for bringing the complaint against you.

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rienzi | Valedictorian

Posted May 16, 2013 at 11:08 PM (Answer #2)

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The way to challenge a complaint without addressing it substantively is to attack it procedurally. So for example you challenge the legal basis for the claims because they are not pled correctly or administrative remedies have not been exhausted or bankruptcy was filed and so on. Or jurisdiction is not correct, either of the person or subject matter. Often times the remedy may just be that the plaintiff has to re-plead correctly. Other times the case will be dismissed. In all these examples, only after a complaint survives all the procedural challenges a party may throw at it will the court require a defendant to answer the specifics of a complaint. Of course a plaintiff can also procedurally challenge an Answer or any subsequent pleading.

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