Legal Question in Business Law in Minnesota

Complaint Answer: False vs. Deny

I answered a Complaint, and in the my answer, I used ''Plaintiff's statement is false'' instead of stating that I denied Plaintiff's claim. Is that okay or could there be a technical default?


Asked on 3/24/07, 11:40 pm

1 Answer from Attorneys

John Jesperson Minnesota Lawyers - Jesperson Law Offices

Re: Complaint Answer: False vs. Deny

Thank you for your question regarding the form of pleadings.

Your statement that one of the plaintiff's allegations is "false" constitutes a denial. There are no technical form requirements, or magic language. That being said, you may need to do more than simply state something to the effect of, "the claim is false."

A typical complaint has multiple allegations, often organized in numbered paragraphs. An answer to the complaint must either admit or deny the allegations in the complaint. In some cases, a denial does not specifically respond to each allegation in the complaint, by number, but merely says, "defendant denies all allegations in the complaint and puts plaintiff to his/her strict proof thereon," or something to that effect.

A blanket denial, like that, is called a general denial, and is minimally sufficient. Such a denial is appropriate if the complaint is very simple, containing one or two allegations. Where the complaint is more detailed, however, or contains numerous allegations or multiple counts, a general denial is disfavored and, in some instances, may be inadequate.

Moreover, depending on the nature of the lawsuit and the complexity of the claim against you, your answer may need to include counterclaims and third party claims.

Without examining the complaint, I cannot give you specific legal advice. As a general matter, I would encourage you to seek help if you are uncertain about the adequacy of your response. If your answer is inadequate, or fails to state compulsory counterclaims, you may compromise your rights. A little advice may be worth the price.

If you need additional assistance, my contact information is below.

Good luck.

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Answered on 3/25/07, 1:43 am


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