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Pro Se Answer — Federal Court (AO 445)

The official form for answering a complaint in federal court — your first and most critical responsive pleading as a self-represented homeowner.

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Federal CourtAll United States District CourtsForm AO 445

Form AO 445, 'Pro Se Answer,' is the official U.S. Courts form for self-represented litigants to answer a complaint in federal district court. In a foreclosure action filed in (or removed to) federal court, this is the document that responds to each allegation in the complaint, asserts your affirmative defenses, and preserves your right to defend the case. Each numbered paragraph in the complaint must be answered: admit, deny, or state that you lack sufficient information (which has the effect of a denial). Failing to answer within 21 days (FRCP 12(a)) can result in default judgment — the court ruling against you without hearing your side.

Download Official Form from USCourts.gov

Purpose of This Form

  • 1Respond to each allegation in the federal court complaint — admit, deny, or state insufficient information
  • 2Assert all affirmative defenses (standing, statute of limitations, failure to state a claim, RESPA violations, etc.)
  • 3Preserve your right to defend the foreclosure on the merits
  • 4Prevent a default judgment from being entered against you
  • 5Lay the foundation for discovery, motions, and trial

Form Sections & How to Complete

Case Information

Fill in the court name, case number, plaintiff's name, defendant's name, and your contact information. The caption should match the complaint exactly.

Responses to Allegations

Go through the complaint paragraph by paragraph. For each numbered allegation, write 'Admit,' 'Deny,' or 'Lack sufficient information to admit or deny' (which is treated as a denial). Be careful — admissions can be used against you. If an allegation is partially true and partially false, admit the true part and deny the rest.

Affirmative Defenses

List all affirmative defenses you intend to raise. Common foreclosure defenses: lack of standing, failure to state a claim, statute of limitations, unclean hands, failure to comply with RESPA/TILA, payment, accord and satisfaction. Any defense not raised in the Answer may be waived — include all defenses you may possibly assert.

Certificate of Service

Certify that you have mailed or delivered a copy of the Answer to the plaintiff's attorney or the plaintiff (if unrepresented). Include the date and method of service. Sign and date the form.

Filing Requirements

Where to File

Clerk of Court, U.S. District Court. File in paper at the clerk's intake counter or by mail (certified, return receipt requested).

Filing Fees

No filing fee for an Answer.

Copies Required

Original filed with court + copy served on plaintiff's attorney + keep a date-stamped copy for your records.

Timing / Deadlines

File within 21 days of service of the complaint (FRCP 12(a)(1)(A)(i)). If you waived service (FRCP 4(d)), you have 60 days.

Frequently Asked Questions

What happens if I fail to deny an allegation?

Under FRCP 8(b)(6), allegations not denied are deemed admitted. This means if you skip a paragraph or fail to respond to a specific allegation, the court will treat it as true. Go through the complaint CAREFULLY and respond to EVERY numbered paragraph. This is the #1 mistake pro se defendants make.

Can I amend my Answer after filing?

Yes — you may amend once as a matter of course within 21 days of serving the Answer (FRCP 15(a)(1)). After that, you need the plaintiff's written consent or the court's leave (permission). Courts freely grant leave to amend 'when justice so requires.' If you discover new defenses or facts, move to amend promptly.

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