Some examples of a summons answer are admission, denial, and denial of sufficient information upon which to form a belief, according to the National Paralegal College. The answer may also include defenses offered in reply to the plaintiffs complaint. These defenses can be either affirmative or Rule 12b defenses.Continue Reading
Affirmative defenses in a summons answer are ones that the defendant must prove, explains the National Paralegal College. Examples of these are previous settlement of the case, statute of limitations and fraud. A previous settlement means that the issues raised in the summons have already been resolved. A statute of limitations defense means that the plaintiff took longer than the legally allotted time to bring the lawsuit. Fraud is the intentional misrepresentation or concealment of an important fact, states The Free Dictionary.
Rule 12b defenses are ones that the plaintiff must disprove, as defined by the National Paralegal College. Some of these defenses are lack of jurisdiction over the subject matter, failure to state a claim, and failure to join a necessary party to the lawsuit. If the defendant can successfully establish one of these defenses, the plaintiff's complaint may be either partially or totally dismissed. An acceptable answer to a summons must be a short, to-the-point statement in plain language.Learn more about Law