Many defendants are flustered the moment they receive the summons. However, this is precisely the most critical moment that determines the direction of the lawsuit. Especially The overall outcome of the lawsuit varies significantly depending on how you utilize the 30-day deadline for submitting the response.
With the recent rise in civil lawsuits, situations requiring a response as a defendant have become more frequent. While it is crucial to accurately assess your situation and respond step-by-step, many people make mistakes during the initial stages. In this article, we will examine the deadlines and response strategies that a defendant must be aware of, from the moment they receive the complaint to the submission of their answer.
The Meaning of the 30-Day Deadline and Why You Absolutely Cannot Miss It
You must submit a response within exactly 30 days from the date you received the copy of the complaint. This should be viewed not merely as a deadline for submitting documents, but as the only opportunity to convey the defendant's position to the court.
What happens if you miss this deadline? The most serious case is... It is a judgment by default. If you do not submit a response within the deadline, a judgment accepting the plaintiff's claim as is may be issued. In other words, it is considered that the defendant has not offered any rebuttal.
While a 30-day deadline may seem sufficient, it is realistically tight. This is because it takes more time than expected to accurately grasp the contents of the complaint, gather necessary evidence, and formulate a legal response strategy. Therefore, it is important to seek expert consultation immediately upon receiving the complaint.
Initial response steps that defendants are prone to overlooking
Many people fall into a state of emotional turmoil immediately after receiving a summons. At this time, attempting to negotiate directly or reacting emotionally can worsen one's position. The first step is to calmly analyze the situation.
You must carefully review the contents of the complaint. Examine whether the facts asserted by the plaintiff are accurate and if there are any exaggerations. If there are clear errors or distortions in the complaint, you can refute them specifically in your response. It is important to prepare both objective evidence and arguments for rebuttal.
also You must not carelessly leave behind evidence or conversation logs unrelated to the lawsuit. If you create additional messages or records that could be disadvantageous to the defendant, the plaintiff can submit them as evidence later. You must be careful when documenting events that have already occurred.
How to Choose Between a Lawyer and a Legal Scrivener
It is common to seek the assistance of a lawyer or a legal scrivener when drafting a response. First, you must understand that the two professionals have different roles.
| division | lawyer | Legal scrivener |
|---|---|---|
| Preparation of documents (complaint, answer, preparatory brief) | possible | possible |
| Attendance and defense as a legal representative | possible | impossibility |
| Establishing a step-by-step strategy before litigation | possible | Limited |
| Mediation and settlement arbitration | possible | Limited |
The key point is that the majority of civil cases are adjudicated based on written documents, such as complaints, answers, and preparatory briefs. Therefore, If you only need to prepare the documents, you can also consider saving money by using a judicial scrivener. However, when making a choice, you shouldn't look at the cost alone; you must also evaluate practical experience, the level of communication with clients, and the processing speed.
If it is anticipated that the defendant will need to attend the preliminary hearing or the actual trial, hiring a lawyer is advantageous. This is because a lawyer can speak on behalf of the defendant in court. On the other hand, since a judicial scrivener cannot appear in court, there are limitations to their ability if courtroom strategy is required.
Essential Content to Include When Writing a Response
It is not sufficient for the answer to simply say “no” to the plaintiff’s claim. It must be accompanied by specific legal counterarguments and evidence to have substantive effect.
First, you must respond to each of the plaintiff's claims point by point. You can assert different facts, demonstrate that legal requirements have not been met, or argue that the plaintiff is liable. Remember that in civil litigation, victory or defeat is determined not by rhetoric, but by the factual requirements and evidence.
You must be even more cautious in complex cases, such as adultery or divorce lawsuits. For instance, in an adultery lawsuit, if the defendant was unaware that the other party was married, the requirements for establishing liability change. Before unconditionally apologizing or admitting guilt, you must accurately assess your position and formulate a strategy.
Practical preparations to avoid missing the deadline
Thirty days pass faster than you think. It is recommended to consult with an expert within a week of receiving the complaint to establish a basic strategy. After that, set a schedule for each step, such as collecting evidence, drafting documents, and submitting them, and proceed accordingly.
If you do not submit a written response within 30 days of receiving the complaint, there is a risk of a default judgment. Please act with the understanding that this deadline is an absolute standard, not a variable.
Finally, planning is crucial. Understand the contents of the complaint, determine a response strategy with the help of an expert, systematically prepare the necessary evidence, and submit your answer well in advance of the deadline. As a defendant, the best preparation is to proceed with a lawyer or legal scrivener for matters requiring legal judgment, rather than struggling alone.