Jump to content

Better to not file written answer?

Recommended Posts

In Illinois, in small claims a written answer is not required. The summons has a return date when you answer the court orally. Illinois Supreme Court Rule 286(a) says "If the defendant appears, he need not file an answer unless ordered to do so by the court; and when no answer is ordered the allegations of the complaint will be considered denied and any defense may be proved as if it were specifically pleaded." I have an answer with affirmative defenses written out but it sounds like it would be better to just appear at the court date and request trial date. That way all is considered denied and I wouldn't be able to inadvertently waive an affirmative defense. Am I missing something here or would there be any advantage at all to file a written answer?

Link to comment
Share on other sites

This topic is now closed to further replies.

  • Create New...

Important Information

We have placed cookies on your device to help make this website better. You can adjust your cookie settings, otherwise we'll assume you're okay to continue.. For more information, please see our Privacy Policy and Terms of Use.