Serve your Answer
Once you've completed the Answer form, you must notify the plaintiff's lawyer by formally delivering copies of the form. The court calls this service or serving papers.
This means another adult, not you, mails a copy of your Answer.
Before you start
Serving papers by mail mean that you'll select an adult to mail a copy of your Answer to the opposing attorney. This person mailing is your server.
To serve:
- Your server mails your Answer to the plaintiff's lawyer
- Your server then fills out a form, a Proof of Service, saying when and where they mailed the papers and sign it.
- You file this form with the court with your Answer, so the court knows the opposing side received a copy.
How to serve your Answer
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Choose a server
You can't serve papers yourself. Ask another adult – a server – to deliver the papers.
Your server must be:
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18 or over, and
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Not part of your case
Your server can be:
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Someone you know
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A professional process server you hire
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📅 Figure out your deadline to serve
You have 30 days after the Summons and Complaint were served to respond.
After that deadline, if you don't file an Answer, the court can make a decision without your input.
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Have your server mail the papers
Your server mails to the plaintiff's lawyer (or self-represented plaintiff if the a lawyer):
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A copy of your Answer
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Make sure your server doesn't mail the original Answer
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Any other papers you plan to file (except any fee waivers)
📌 Do not use certified mail. There are rules about when you can use certified mail. Even then, it requires getting the other person's signature, which is often hard to do. Use regular (first-class) mail.
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Have your server complete the Proof of Service
Your server can use Proof of Service by First Class Mail (form POS-030) ↗️ (link opens in a new tab).
- It helps if you fill in the top part of the form with the case and court information.
- Your server can then fill in the information about how, when, and where they mailed the papers.
- Your server must sign and date the form.
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Make a copy of your Proof of service
Make a copy of the Proof of Service, so you can file it (with the Answer in the next step) with the court.
Debt lawsuits
What's next?
Once you’ve served your Answer, you must file the Answer and Proof of Service with the court.