Having to answer a lawsuit can be overwhelming—but you do have rights and options. In Oklahoma, responding properly and on time is critical to protecting yourself from a default judgment and defending your side of the case. This article explains the steps to take and how to file a legally valid answer in Oklahoma court.
Step 1: Read the Summons and Petition Carefully
When you are served, you’ll receive a summons and a petition. The summons tells you how long you have to respond—usually 20 days from the date of service. The petition outlines the plaintiff’s claims against you.
Read these documents closely. Identify what the plaintiff is alleging, the amount of damages they’re seeking, and which court the case is in. Note the deadlines and the name of the court so you can file your answer correctly.
Step 2: Prepare Your Answer
An answer is your formal written response to the plaintiff’s petition. In Oklahoma, your answer must:
- Admit or deny each of the allegations in the petition.
- Include any affirmative defenses (such as statute of limitations, payment, or failure to state a claim).
- List any counterclaims or cross-claims you may have (optional but allowed if you have claims against the plaintiff or other defendants).
Use clear language and follow the structure of the plaintiff’s petition to ensure the court can compare the claims and your responses easily.
Step 3: File Your Answer With the Court
You must file your answer in the same court where the lawsuit was filed. You can usually file in person, by mail, or through the court’s electronic filing system (if available). Make sure to:
- Include the correct case number.
- Sign and date your answer.
- Pay any required filing fee (or request a fee waiver, if applicable).
- File the answer within the 20-day deadline (unless the court grants an extension).
Step 4: Serve the Plaintiff
After filing your answer, you must also serve a copy of it to the plaintiff (or the plaintiff’s attorney, if they have one). You can do this by:
- Hand delivery
- Certified mail
- Using a process server (if required)
Keep a copy of the proof of service (such as a certificate of mailing or delivery confirmation) in case the court asks for it.
What Happens After You File Your Answer?
Once you file and serve your answer, the case proceeds into the discovery phase, where both sides exchange evidence and information. You may have to:
- Answer written discovery (interrogatories or requests for documents)
- Attend depositions
- Participate in court-ordered mediation
The court will also set a schedule for hearings or trial unless the case settles earlier.
What if You Don’t File an Answer?
If you fail to respond to the lawsuit within the required time, the plaintiff can ask the court to enter a default judgment against you. That means the court may automatically rule in the plaintiff’s favor without hearing your side—potentially resulting in wage garnishment, a lien, or asset seizure
Claremore Civil Attorneys
If you’ve been sued, don’t ignore it. We can help individuals and businesses answer a lawsuit, assert defenses, and protect their rights in court. For a free consultation with an attorney at Kania Law – Claremore attorneys‘ law office, call 918-379-4872. Or you can click here to ask a free online legal question.
