inthesticks Posted September 2, 2010 Report Share Posted September 2, 2010 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 More sharing options...
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