Legal Question in Traffic Law in Ohio

Re: answering a summons

First, you have 28 days from the day you received the complaint and summons to file an answer with the court (and send a copy to the opposing party/attorney). If you fail to answer within that time, a default judgment for whatever the complaint asks for can be entered against you.

As far as answering, generally you must either admit or deny each point in the complaint. In your answer you also state any affirmative defenses you might have (e.g. statute of limitations, collateral estoppel, etc.).

Although that sounds reasonably simple, it unfortunately is not. There are many affirmative defenses that may apply in your specific case, and if you do not put them in your answer you will not be able to raise them later. There also may be some procedural issues that would require a motion being filed before you file an answer, otherwise you cannot later raise those procedural points.

Because of the potential complexity of the situation and how easy it can be to do something incorrectly, it is advisable to speak with an attorney to represent you and help you answer the complaint and summons. This is especially true if the opposing party has an attorney.

If you have any further questions, feel free to contact me.