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Responding To A Complaint If You've Been Sued

Answer, Civil - Michigan Lawsuit 

Our litigation lawyers have extensive experience working with businesses of all sizes that are looking for a reliable and efficient way to address their legal matters. We help businesses and individuals handle a variety of business litigation needs including file answers and defending lawsuits. We will help you resolve business disputes through negotiation, mediation, or trial in federal or Michigan state court.

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What is an “answer”?

In a civil lawsuit case, the answer is the defendant’s response to the plaintiff’s lawsuit. Once the plaintiff or his attorney has served the defendant with lawsuit in Michigan, the  defendant has a certain number of days (21 days if serve in person - 28 days if serve by mail) to respond by filing an answer.

If a defendant does not respond to a complaint at all, either by filing an answer, a motion to dismiss, or a similar response, the plaintiff may ask the court to enter a default judgment against the defendant. A default judgment is an automatic loss for the defendant
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What is an affirmative defense?

Broadly speaking, an affirmative defense is a defense that excuses or negates liability for conduct that would otherwise result in liability. That is, an affirmative defense excuses liability where, even if the actions alleged are true, the party who committed those actions will not be held liable.

Under Michigan court rules,  affirmative defenses must be asserted or stated with answeres at the intial pleading or otherwise they will be deemed waived. Commonly, affirmative defense asserted at the time a defendant files an answer to claims alleged him in the lawsuit. Types of affirmative defenses that can be used in Michigan are:

1-Assumption of risk
2-Contributory negligence
3-Res judicata
4-Statute of limitations
5-Arbitration and award
6- Duress
7-Estoppel
8-Failure of Consideration
9-Fraud
10-Illegality

If you are being sued, it's always a good idea to call our office today.  



Take action now to stop a default judgment against you. Don’t let the plaintiif win a lawsuit against you by default and  seize your bank accounts, garnish your wages, or file a lien against your property.

Our Location: 24300 Southfield Road, Ste 210, Southfield, MI. 48075​ 

Tel: (248) 281-6299 

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