How to File an Answer to a Lawsuit Without a Lawyer (Florida, Pennsylvania, and North Dakota)

Savage Lex Team · 2026-08-16

How to File an Answer to a Lawsuit Without a Lawyer (Florida, Pennsylvania, and North Dakota)

Someone just served you with a lawsuit. You're staring at a document full of legal language you didn't write, and a deadline you can't afford to miss.

Here's the truth: you don't need a lawyer to file an answer. Thousands of people do this every year without one. The process is straightforward once you know the rules. And in Florida, Pennsylvania, and North Dakota, those rules give you a specific number of days to respond. Miss that window, and the other side can win without you ever having a chance to speak.

The Deadline Is Everything

This is the single most important number in your case. It's printed on the summons, the paper that came with the complaint. The clock starts the day you're served, and it doesn't pause for holidays, weekends (in some states), or whether you've had time to read the complaint carefully.

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If you need more time, file a motion for an extension before the deadline expires. "I didn't understand the process" doesn't count as a reason to get more time later. Ask for it now, while you still can.

What Your Answer Actually Does

Your answer is your formal response to the complaint. Three parts:

Admit or deny each allegation. The complaint has numbered paragraphs. Your answer goes through them one by one. You admit the ones that are true, deny the ones that aren't, and state "lack of knowledge" for the ones you genuinely can't address. If you don't deny something, it's considered admitted. That's not a technicality. It's how the rules work.

Raise your affirmative defenses. These are the "yes, but" arguments, reasons why you win even if everything the plaintiff said is true. Statute of limitations, payment, fraud, accord and satisfaction, failure to state a claim. Each defense needs a brief factual explanation, not just a legal label.

Sign it and file it. Your answer must be signed, dated, and include your contact information. Then you file it with the court and serve a copy on the other side.

State-by-State: What to Do

Florida

Deadline: 20 calendar days from service of process. Evictions are different. You get 5 business days under Fla. Stat. § 51.011(1). That's not a typo. Five days.

What you need to do:

Pull out the complaint you were served. Copy the case caption exactly. Court name (including county and judicial circuit), case number, and all party names as they appear. Don't paraphrase. Copy.

Type your answer on 8.5 x 11 paper in 12-point or larger font with 1-inch margins. Florida has no mandatory statewide answer form for general civil cases, so you build the document yourself.

Structure: Case caption at the top. Title it "Defendant's Answer to Complaint." Number your responses to match the complaint's numbered paragraphs. List your affirmative defenses under their own heading, each labeled and numbered separately (Fla. R. Civ. P. 1.110(f)). Include a Certificate of Service on the last page confirming how and when you served the other side.

File with the clerk of the court named in the summons. You can file in person, by mail, or through the Florida Courts E-Filing Portal at myflcourtaccess.com. There's no fee to file an answer, only if you also file a counterclaim.

Serve a copy on the plaintiff or their attorney. Email works if they've designated an email address, or you can use mail or hand delivery (Fla. R. Gen. Prac. & Jud. Admin. 2.516).

If you miss the deadline: The plaintiff can ask the clerk to enter a default (Fla. R. Civ. P. 1.500). You can still file your answer before the default is entered. Once it's on the record, you'll need to file a motion to set aside the default under Fla. R. Civ. P. 1.540, proving excusable neglect, a real defense, and that you acted quickly. "I was busy" doesn't cut it. Courts want to see you had a legitimate reason and acted the moment you found out.

Common affirmative defenses in Florida (Fla. R. Civ. P. 1.110(d)): statute of limitations, payment, fraud, accord and satisfaction, estoppel, release, res judicata, failure of consideration, contributory negligence, assumption of risk, duress, illegality, laches, and waiver. If you think any of these might apply, include it. You can always withdraw a defense later. You can't easily add one you forgot.

Pennsylvania

Deadline: 20 days from service, but only if the complaint contains a "notice to defend" or "notice to plead" (Pa.R.C.P. 1026(a)). If it doesn't, you technically don't need to respond. Check the complaint carefully. Someplaintiffs miss this step, and it can work in your favor.

What you need to do:

Copy the case caption exactly from the complaint. Court name, county, case number, and all party names.

Type your answer. Pennsylvania doesn't require a specific form either. Write on standard paper with your caption, numbered responses matching the complaint's paragraphs, and your affirmative defenses.

In Pennsylvania, you raise defenses through "preliminary objections" or in the answer itself. Common defenses include statute of limitations, failure to state a claim, lack of jurisdiction, and res judicata.

File with the Prothonotary (the court clerk) in the county where the case was filed.

Serve a copy on the plaintiff or their attorney. You can do this by mail or hand delivery.

If you miss the deadline: The plaintiff must send you a 10-day notice before entering a default judgment (Pa.R.C.P. 237.1(a)(2)(ii)). That notice is your second chance. Don't ignore it. If a default judgment is entered, you can file a petition to open it within 10 days of the entry date. Under Pa.R.C.P. 237.3(b), if you file within those 10 days and your proposed answer shows a meritorious defense, the court must open the judgment. After 10 days, you face the tougher Schultz v. Erie Insurance Exchange standard, where you also need to show a reasonable excuse for the delay. Pennsylvania gives you a lifeline. Use it within the window.

North Dakota

Deadline: 21 calendar days from service of the summons and complaint (N.D.R.Civ.P. Rule 12(a)(1)(A)).

What you need to do:

North Dakota courts provide an official "Answering a Civil Summons and Complaint" checklist at ndcourts.gov/legal-self-help. Use it. It's free, it's clear, and it walks you through every step.

Calculate your deadline. Count 21 calendar days from the date you were served. If the 21st day falls on a weekend or state holiday, check Rule 6 for how to compute the time.

Type your answer. Copy the case caption from the summons and complaint. Admit or deny each claim under Rule 8(b). If you don't have enough information to admit or deny, say so. If you don't deny a claim, it's considered admitted.

Include your defenses in short, plain statements. The Appendix of Forms to the North Dakota Rules of Civil Procedure has examples you can follow.

File your answer with the Clerk of District Court. There's a filing fee in most cases. Check with the clerk.

Serve a copy on the plaintiff. You must arrange for delivery within the same 21-day window. Get a signed, notarized affidavit of service as proof (N.D.R.Civ.P. Rule 5). That affidavit is your receipt. Keep it somewhere safe.

If you miss the deadline: The plaintiff can move for default judgment. If you don't respond to that motion within 14 to 17 days, the judge can grant it. To fight a default judgment after the fact, you'd file a motion under N.D.R.Civ.P. Rule 60(b) for "mistake, inadvertence, surprise, or excusable neglect." That motion must be filed within one year of the default judgment. But here's what the North Dakota Supreme Court actually said: waiting months to act after being served doesn't count as excusable neglect (Dockter v. Dockter, 2018 ND 35). The defendant in that case was dealing with serious mental health issues and incarceration, and the court still said no. Don't count on a second chance.

Common Mistakes People Make

Waiting too long. The biggest one. The deadline isn't a suggestion. Start working on your answer the day you're served.

Ignoring the affirmative defenses. Your answer isn't just about denying allegations. If you have a defense (you already paid, the claim is too old, the plaintiff's own conduct caused the problem), you need to raise it in your answer or you may lose it forever. In Florida, failing to raise an affirmative defense in your answer means you waive it.

Not serving the other side. Filing your answer with the court isn't enough. You have to serve a copy on the plaintiff or their attorney. Keep proof: a certificate of service, a receipt, an affidavit.

Using the wrong format. All three states require a specific caption format with the court name, case number, and party names. Don't freestyle it. Copy exactly what's on the complaint.

Admitting everything. You're not required to agree with the complaint. Read each paragraph carefully. If you don't know whether something is true, say so. That operates as a denial in most states.

Where to Get Help

Florida: Florida Courts Self-Help website (flcourts.org) has guides for self-represented litigants. Many circuits maintain self-help centers with court employees who can help with forms and deadlines. Not legal advice, but practical guidance.

Pennsylvania: The Pennsylvania courts website (pacourts.us) has resources for self-represented litigants. Philadelphia's court system has a specific informational guide for petitions to open default judgment.

North Dakota: The North Dakota court system (ndcourts.gov/legal-self-help) provides the most hands-on help of the three. Official checklists, form packets for motions, and step-by-step instructions are all downloadable for free.

Everywhere: Legal aid organizations in your state may be able to help for free or low cost if you meet income requirements. Check with your local bar association or visit lawhelp.org.

Frequently Asked Questions

Do I have to file an answer, or can I just ignore the lawsuit?

You can ignore it, but you shouldn't. If you don't file an answer by the deadline, the other side can get a default judgment, meaning they win without a trial. In Florida and Pennsylvania, that can happen within weeks. In North Dakota, the plaintiff has to file a motion for default, but if you don't respond to that either, the judge can grant it.

Can I file an answer online?

In Florida, yes. The Florida Courts E-Filing Portal (myflcourtaccess.com) handles it. Pennsylvania and North Dakota generally require in-person filing, though some courts may accept electronic filings. Check with the clerk's office.

What if I can't afford the filing fee?

In Florida, filing an answer costs nothing. There's no fee unless you're filing a counterclaim. If you owe other court costs, you can file an Application for Determination of Civil Indigent Status based on household income below 200% of the federal poverty guidelines (Fla. Stat. § 28.241). In Pennsylvania and North Dakota, ask the clerk about fee waivers or in forma pauperis status.

Should I hire a lawyer even if I can file the answer myself?

If the case involves significant money, criminal charges, or complex legal issues, consulting a lawyer before the deadline expires is worth the investment. Errors in your initial answer can follow you through the entire lawsuit. At minimum, many attorneys offer a one-time consultation to review your answer before you file it. That's cheap insurance.

What if I already missed the deadline?

Don't panic, but act fast. In Florida, file your answer before the clerk enters the default. If the default is already entered, you have grounds to set it aside under Rule 1.540, but you need to move quickly and show excusable neglect, a real defense, and due diligence. In Pennsylvania, you have 10 days from the entry of default to petition to open the judgment under Rule 237.3(b), and the court must open it if your proposed answer shows a meritorious defense. In North Dakota, you have up to one year to file a Rule 60(b) motion, but "I didn't get around to it" won't work. The courts want to see a legitimate reason.

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General legal information, not legal advice. Rules vary by jurisdiction and can change. Consult an attorney for your specific situation.