Example Answer to Complaint

0 Small Claims 0 County Court 1 District Court
0 Probate Court 0 Juvenile Court 0 Water Court
Larimer County, Colorado
Court Address: 201 LaPorte Ave, Larimer County, Fort Collins, Colorado

Patty Plaintiff,

Plaintiff,

v.

Dennis Dimwit,

Defendant.
Tonya Morse
1235 Boardwalk Dr
Fort Collins, CO 80525
Phone Number: (307) 223-4567
FAX Number: (970) 223-9876
E-mail: tanyam@yahoo.com
Atty. Reg. #: 33455

Case Number: 08CV1234

Div.: Ctrm:

Answer

The Defendant, Dennis Dimwit, appears by and through his attorney, Tonya Morse, for his Answer to the Complaint herein, states as follows:

1. The Defendant agrees to the statements made in Paragraphs 1, 2 and 3 of the Complaint.

2. The Defendant admits the statements made in Paragraphs 4, 5, 6, 7 and 8 of the Complaint.

3. The Defendant denies the allegations set forth in Paragraphs 9, 10 and 11 of the complaint. The Plaintiff lacks information and knowledge sufficient to form a belief as to the allegations in Paragraphs 10 and 11 of the Complaint therefore denies the same.

4. The Defendant admits to the statements made in Paragraphs 12, 13 and 14 of the Complaint.


5. The Defendant admits to the statements made in Paragraph 15 and 16 of the Complaint.

6. The Defendant denies the allegations made in Paragraphs 17, 18, 19 and 20 because the Plaintiff lacks information and knowledge sufficient to form a belief to the allegations made in the Complaint and therefore denies the same.

7. The Defendant admits to the statement made in Paragraph 21 of the Complaint.

8. The Defendant denies the allegation made in Paragraph 22 of the Complaint. The Plaintiff lacks sufficient knowledge to form a belief as to the allegation in the Complaint and therefore denies the same.

9. The Defendant denies the statements made in Paragraphs 23, 24, 25 and 26 of the Complaint.

First Affirmative Defense

As and for an affirmative defense, defendant alleges that plaintiff’s right to maintain this action is barred by the statute of limitations in that more than two years have elapsed between plaintiff’s alleged cause of action and the filing of their complaint.

Second Affirmative Defense

As and for an affirmative defense, defendant alleges that Plaintiff was comparatively negligent in that she failed to use ordinary care when walking across the street.

Third Affirmative Defense

As and for an affirmative defense, the plaintiff failed to mitigate damages.

WHEREFORE, the Defendant requests that the Plaintiff take nothing by her complaint herein. The Defendant prays the court enter judgment dismissing the complaint.


Dated:_____________

Respectfully Submitted,



_______________________________
Tonya Morse
1235 Boardwalk Dr
Fort Collins, CO 80525
Phone Number: (307) 223-4567
FAX Number: (970) 223-9876
E-mail: tanyam@yahoo.com
Atty. Reg. #: 33455

Verification

State of Colorado )
) ss.
County of Larimer)

The undersigned, having been first duly sworn upon his oath, deposes and states that he is the Defendant in the above-referenced action, that he has reviewed the foregoing Answer, and that the statements made therein are true and correct to the best of his knowledge, information, and belief.


_____________________________
Dennis Dimwit
567 Harmony Ave
Fort Collins, CO 80525

Subscribed and sworn to before me by Dennis dimwit this 9th day of July, 2008.
Witness my hand and official seal. My commission expires:

____________________________
Notary Public
Address





CERTIFICATE OF SERVICE

I hereby certify that on the__day of___________2008, I served a true and correct copy of the foregoing answer upon Rick Jennings by placing the same in the U.S. mail to the address 1609 Oakridge Dr., Fort Collins, CO 80525.

Tonya Morse
Attorney at Law #33455
1235 Boardwalk Dr.
Fort Collins, CO 80525