defense draft

Generate civil answer/defense document frameworks in response to complaints. Use when the user asks about 答辩状、答辩书、被告怎么答辩、怎么应诉、收到起诉书、我要答辩, or wants to draft a response to a lawsuit. This skill provides document framework assistance only and does not constitute legal advice or guarantee any legal outcome.

Overview

This skill helps users generate civil answer and defense document frameworks in response to complaints. It structures the response according to standard legal document formats, organizing admissions, denials, defenses, and counterclaims.

⚠️ Important Disclaimer: This tool provides document framework assistance only. It does not constitute legal advice, nor does it guarantee any particular legal outcome. Always consult a qualified attorney immediately upon being served with a lawsuit.

When to Use This Skill

• You have been served with a lawsuit
• Need to draft an answer to a complaint
• Want to understand response options
• Organizing defenses to discuss with an attorney

Critical Timing Warning

⚠️ DEADLINES ARE CRITICAL

• Failure to respond timely can result in default judgment
• Default judgment means you lose automatically
• Typical response deadlines: 20-30 days from service
• Some courts require shorter responses
• Consult an attorney immediately to determine your deadline

Limitations

• Provides framework/template only, not final legal documents
• Cannot assess defense merits or likelihood of success
• Does not determine proper jurisdiction or venue challenges
• Not a substitute for professional legal representation
• May not comply with specific court formatting requirements

Workflow

1. Review the complaint — Understand what is being alleged
2. Note the deadline — Calculate response deadline from service date
3. Gather information — Collect facts, documents, evidence
4. Identify defenses — Determine available legal defenses
5. Draft framework — Generate answer structure
6. File with court — Submit before deadline (with attorney review)

Response Options

1. Answer (Most Common)

• Admit or deny each allegation
• Raise affirmative defenses
• May include counterclaims

2. Motion to Dismiss

• Challenge legal sufficiency
• Raise jurisdictional issues
• Must be filed before answer

3. Motion for Extension

• Request more time to respond
• Should be filed before deadline
• Not guaranteed to be granted

Standard Defenses

General Denials

• Deny knowledge or information sufficient to form a belief
• Put plaintiff to proof of all allegations
• Preserve right to contest facts

Affirmative Defenses

Defense	When Applicable
Statute of Limitations	Claim filed too late
Lack of Jurisdiction	Wrong court
Failure to State a Claim	Legal theory is flawed
Payment	Already paid what is owed
Accord and Satisfaction	Settled the dispute
Statute of Frauds	Contract not in writing as required
Unclean Hands	Plaintiff acted improperly
Laches	Plaintiff unreasonably delayed

Document Structure

Standard Answer Sections

1. Caption — Same as complaint
2. Parties — Identify defendant(s)
3. Responses to Allegations — Admit/Deny each paragraph
4. Affirmative Defenses — State legal defenses
5. Counterclaims (if any) — Claims against plaintiff
6. Prayer for Relief — What you want the court to order
7. Signature Block — Date and signature

Usage

Basic Request

"帮我写答辩状"
"收到起诉书怎么答辩"
"怎么写应诉书"

With Context

"对方告我合同违约，怎么答辩"
"起诉书里的金额不对，怎么回应"
"我要反诉对方"

Output Format

The skill provides:

• Structured framework with all standard sections
• Response format for addressing each allegation
• Defense options with explanations
• Counterclaim guidance if applicable
• Filing checklist for court submission

Before Responding Checklist

• Consulted with an attorney immediately
• Calculated response deadline accurately
• Reviewed complaint thoroughly
• Gathered relevant documents
• Identified potential defenses
• Verified correct court
• Prepared filing fee
• Arranged for service on plaintiff

References

For defense templates and guidance:

• references/defense-templates.md — Answer and defense templates
• references/affirmative-defenses.md — Common affirmative defenses guide

Privacy Note

Case information is processed for document drafting only. No data is stored or transmitted to third parties.

Important Reminders

• DO NOT IGNORE a lawsuit - default judgment is serious
• Deadline calculation varies by jurisdiction and service method
• Counterclaims must usually be filed with the answer
• Cross-claims against co-defendants may be available
• Third-party claims against others responsible may be possible