defense draft

SKILL.md

---
name: defense-draft
description: 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.
---

# Defense Draft

## 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](references/defense-templates.md) — Answer and defense templates
- [references/affirmative-defenses.md](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