Archive for the ‘Answer Summons’ Category

Court Pleading Paper Answering a Summons

Tuesday, August 13th, 2013

I have taken the liberty of including a blank court pleading paper in Microsoft Word form that can be edited with your information and printed out to perfection.

This paper shows you where to add the plaintiff’s information and your information. You would then scroll down a few lines, enter your answer and then your affirmative defenses. Two pages are given; this is plenty of room to add those affirmative defenses.

This is a 28 lined pleading paper that can be adjusted to however many lines are needed for your case.

For people who are having problems printing out your answer where you end up with all the numbers on the left side and all the boxes showing, during the print all you need to do is the following:

  • Click Tools
  • Click Options
  • Click the Print Tab
  • Make sure that Drawing Objects is unchecked

The court pleading paper that is edited with all your information should now come out perfectly avoiding any boxes and numbered lines.

Make sure you sign and date your answer and add a Certificate of Service as your final touch.



Received Civil Summons

Tuesday, August 13th, 2013

Was the sheriff knocking on your door? Did it come by certified mail? You really need to do something about it or you are going to get a default judgment against you.

The first thing you want to do is check your court rules and check what the plaintiff has attached to the Summons. For example, was a credit card agreement, contract or assignment attached?

Do they need to be attached to the Complaint when you are served? Check your court rules to make sure.

Now if they are supposed to be attached to the Complaint, were they? If not, go back to your court rules and see if you can file a Motion to Dismiss in lieu of your answer. Your Motion to Dismiss would be for failure to comply with your court rule that requires a contract or assignment to be attached to the Complaint when served.

If your court does not have a rule where the contract or assignment must be attached, you must now read the Summons and it will tell you exactly how many days you have to answer the Summons before you will be in default.

Most states give 20 days and others 30 days. Check your court rules under “pleadings” to see how long you have but it is much easier to just read the Summons as it will state you have ____________ days to answer the Summons.

If you fail to answer your Summons, the plaintiff will file for a default judgment against you and this will give them the authority to freeze your bank account and garnish your wages.

If you cannot afford an attorney, you really need to look around this site for some help to answer your Summons in a timely way or face the consequences. I know you are nervous and scared about all of this and if you cannot afford a lawyer, I’m sure this site is going to really help you.

Now that you have received your Summons you are going to have to file an answer or Motion to Dismiss if the plaintiff did not comply with the court rule requiring them to attach the contract or assignment with the Complaint.

Go to the answer category on this site and let’s get this going here.



Additional Information


  • avatar Mary

    “Pretty cool post. I just stumbled upon your site and wanted to say that I’ve really enjoyed browsing your posts. In any case I’ll be subscribing to your feed and I hope you post again soon!”


  • avatar Teresa

    “I received a summons on 3/39/10. Today is 8/27/10. I was going to file for bankruptcy and did not respond, but now I am not filing for BK anymore, but it is way passed the 30 days to file a written response. What can I do now?”


  • avatar Arturo Guzman

    “I receive a Summon from a loan, before I lost my bussiness. It is almost $9 000.00. How can I respond?”


  • avatar Mark

    “To Teresa, it’s past the required time to send in your Answer. However, you can still negotiate judgements which is what the creditor now has. In fact you may have even more negotiating power because your debt may be with a 3rd. or even 4th Collection Co. also most states judgement is valid for one year. Best of luck, and you made the right move by Not Filing “BK” P/S Yes Good Site…”




Answering a Civil Complaint in Florida

Tuesday, August 13th, 2013

If you are resident of Florida and have been served with a civil Summons, this means someone has filed a lawsuit against you. The Summons lets you know that you have been sued and notifies you as to when you have to respond to the lawsuit. The civil complaint usually gives you a certain period of time in which you have to do this.

With the civil complaint, you have the reasons or the basis for the lawsuit filed against you and the specified time frame (usually about 20 days). It is imperative that you file an answer within the specified time frame or else you’ll lose your right to defend yourself and participate in court proceedings. Apart from a Summons eviction, you usually have 20 days to file an answer to a civil summons. To figure out the last day allowed for filing an answer to the Complaint, count 20 days beginning with the day after being served. (Make sure to include Saturday’s and Sunday’s when counting.)

When answering the civil Summons/Complaint, read the petition very carefully to see why you’re being summoned to court and then write an answer to the civil Summons. Remember that it’s best to respond to each numbered paragraph of the complaint, as each allegation is usually given a number. Number your answers the same way. To include other facts that you want the judge to know, add on additional numbered paragraphs, placing all your responses under the heading “answer”. In the next post we’ll talk about a sample answer format and the process of service.



Answer a Credit Card Debt Lawsuit Collection Agency

Tuesday, August 13th, 2013

If a collection agency is suing you and you have received a Summons and Complaint, the next step is to:

  • File a Notice to Appear. By filing a Notice of Appearance, you will prevent the court from entering a default judgment against you without a court hearing. This also guarantees that you will informed of all activity relating to your lawsuit.

  • File Your Answer. Look at examples here

After filing your answer on time, it is then up to the plaintiff to proceed. They will either dismiss your case or request a court date which you will receive via postal mail. Some can also send you Discovery immediately after you have filed your answer with the court.

If you understand what you are doing and have found numerous mistakes within the Complaint, the plaintiff most likely will not want to deal with bringing you to court and will dismiss the case.

However, if you admitted everything on the Complaint and/or answered wrong, the collection attorney will most likely feel you are an easy win and ask for a court date.

Instead of getting a court date, the plaintiff can also send you Discovery at this point which would consist of Answering Interrogatories, Admissions, and Documents. Depending on how those are answered, the plaintiff can then proceed with a dismissal or request a court hearing. If you answer your entire Discovery wrong or do not answer it on time, this can also result in the plaintiff drawing up a summary judgment.

Collection agencies are easy to beat if you understand what you are doing. Remember these are junk debt buyers and have to abide by many laws, plus follow all your court rules.



Answer Credit Card Summons Template

Tuesday, August 13th, 2013

People who are sued do not know the correct format to answer their credit card Summons. Pro Se defendants should just copy the top portion of the plaintiff’s Complaint. Make sure you name the plaintiff and defendant exactly how it appears on the Summons and make sure that the cause number is included. The right portion of the paper will have to state the defendant’s answer and affirmative defenses.

If you look at the plaintiff’s Complaint your answer to your credit card Summons should be exactly the same way, again adding defendant’s answer and affirmative defenses. When you answer, make sure you file a copy with your county clerk’s office, send a copy to the plaintiff and keep one copy for your records. Do not forget to attach your certificate of service with each pleading.

The easiest way to explain this is to look at the plaintiff’s Complaint and copy everything that in the same format that they have done. This is with the exception of the right side of the paper where you will see the name of the pleading under the cause number. Make sure that if you are filing a motion that you name the motion there. If you are filing your answer, put defendant’s answer.

If you are having trouble answering your credit card Summons please go here for further help, please click here



How Long After Summons Do You Get a Default Judgment

Tuesday, August 13th, 2013

Collection Agencies/Junk Debt Buyers do not hesitate for one minute if you have not answered your credit card Summons.

If your Summons states you have 20 days to answer and you failed to do so, they will get a default judgment against you the very next day. If you have 30 days to answer, the same thing is true.

This is exactly what they are hoping for, I hope you know that. They serve you, you don’t answer, they file for their default judgment and get it. They then come after your bank account to garnish your check.

If your state allows a certain percentage of your check to be garnished, you will quite possibly receive an order from the court telling you to appear at a garnishment hearing. This is totally degrading. They will ask you where you work, how much you make and then proceed to dock your check at the highest percentage that your state allows.

I do not understand why people would just default especially with so much information to help you answer your Summons. Even if you know it is your debt, answer the Summons. These companies probably do not have anything on you anyway.

Below is a time line of how fast these collection agencies act after you decide not to answer your Summons and it is quite scary:


Event Time Span
Suit filed Within 2 days of receipt of costs
Summons served normally within 14-28 days of filing suit
Filing for default 20 days after service of Summons
Entry of default 14 – 28 days from filing *(unless court requires hearing which could add 30 additional days)
Issuance of execution:
– bank garnish
– wage garnish
– sheriff’s levy
Any time after entry of judgment
Return on execution:
– bank garnish
– wage garnish
– sheriff’s levy

– within 20 days from service of garnish
– within 20 days from service of garnish
– 90 days from issue date
Proceedings supplemental Any time after 10 days of judgment entry; varies by county but generally can be requested every 90-180 days to examine debtor

Like I have said, they do not hesitate. They serve you and hope you default. Look again at how fast they go after that judgment and once they get that judgment, look again and see how fast they come after your wages and bank account.

Answer your Summons!


Examples of Answering Summons/Complaint Credit Card Debt Lawsuit

Tuesday, August 13th, 2013

It is very important that you answer the plaintiff’s Complaint within the amount of time that is given by the court, or the plaintiff will get a default judgment against you. And of course,they would like a default judgement! The first thing you want to do is check your local court rules and see if you are able to file a Motion to Dismiss in lieu of an answer.

My personal experience:

When I was served and had a severe panic attack, I found a website full of people giving information and they said to answer the Complaint right away. So I did. Not knowing that my state, Indiana, allowed me to file a Motion for Dismissal before I had to answer. I was served without a contract or assignment attached to the Complaint so, I could have gotten this dismissed. But, I listened to the websites and filed my answer. In Indiana, you can file a Motion to Dismiss first before answering, If it is not granted then you have to answer the Complaint. But here in Indiana, a Motion is allowed before we have to file an answer so it is very important that you check your local court rules and see if there are any grounds for dismissal. If there are, check your rules and see if your court allows for a Motion to Dismiss before an answer. Once I filed my answer that meant I could not ask for dismissal.

Now onto examples of how you can answer this Summons and Complaint. Look at the Complaint. There should be numbers such as:

  • The plaintiff is the assignee of _____________ Bank.
  • The defendant is indebted to plaintiff

Each number on the Complaint is considered a count against you. I answered the Complaint by looking at each count and stating my defense. You are basically picking at the Complaint and you need to defend yourself.


  • Check your local court rules and see if the statute of limitations have expired and if so, see if you should file a Motion To Dismiss because the action is time barred.

  • Check your local court rules and see if a contract “written instrument” was supposed to be attached with the Complaint. If so, see if you can file a Motion to Dismiss for failure to comply with ________ (your local court rules).

Remember that some courts allow a Motion to Dismiss in lieu of answer and some do not. Therefore, you always need to check your local court rules. They may require you to answer, regardless or they may not even allow motions in lieu of answers. Remember to check and then double check! I got my case dismissed by using this package.

Click here for more information.


Sample Summons Answer


NAME OF PLAINTIFF HERE
Plaintiff,

v.

YOUR NAME HERE EXACTLY AS LISTED ON SUMMONS
Defendant


Case No:
CASE NUMBER ANSWER


AFFIRMATIVE DEFENSES

Now comes Defendant, _________________, who denies the following paragraphs of Plantiff’s Complaint:

  • Defendant denies the allegations contained in Paragraph 1 of the Complaint as Defendant is without information or knowledge sufficient to form an opinion as to the truth and accuracy of alleged assignments and entitlements.

  • Defendant denies the allegations contained in Paragraph 2 as there is not, nor has there ever been any agreement, written, oral or implied with the Plaintiff and Defendant.

  • Defendant lacks knowledge about the truth and therefore denies allegations contained in Paragraph 2, Plaintiff has failed to provide Defendant with any kind of account numbers or documentation for alleged debt.

Affirmative Defenses were listed here

I had 23 Affirmative Defenses listed. List every single Affirmative Defense even if it makes no sense to you put it down! Otherwise you lose it.

WHEREFORE, Defendant prays that the court take nothing of Plaintiff’s Complaint by virtue and dismisses the Complaint.

SEE ALL AFFIRMATIVE DEFENSE:Click here



DATE WENT HERE
___________________________

MY NAME WENT HERE

MY ADDRESS WENT HERE


What helped me out the most is that the above package gives you step-by-step instructions on how to answer every single count against you. It has examples that you simply copy and paste. It was super easy and I had my answer all set within 20 minutes and I filed it with the court the next day.

If you are like me and are not sure what to do, and cannot afford an attorney, I highly recommend that you do what I did and get this package click here

I was a rookie, just like you, and I followed these easy instructions and won my case. (see proof below)



Example


Additional Information


  • avatar Luslugger

    We are having trouble understanding how to move the court in Clark County Indiana. No one in the court house will say when or how the motions are scheduled. Are motions read by the judge and signed at his convenience? Does there have to be a hearing for the Judge to rule on a motion?


    avatar Admin

    The Judge rules on all motions within 10 days, if you do not receive anything in the mail such as his ruling or a hearing date you can call the Clerks office to see what is going on. If the judge has failed to rule on your motion within a certain amount of time you can consider that motion denied read the Indiana Rules you’ll see how much time rulings on motion take.

    You will receive a copy in the mail of his ruling or they will set it for a hearing.

    There are no set days when the Judge reviews motions. The Clerk sends them on over to his/her Chambers and at his/her convenience he will then rule on it.

    If he feels the judge needs to know more well then a Hearing is set. If the Motion is a basic Dismissal without prejudice and the Defendant is 100% right and the Motion is perfect well then you just may get a ruling through the mail.


  • avatar RedVette

    So what exactly happens at the hearing? Will the plaintiff show up? I have a letter from Capital One telling me they have “No Written Contract” so do I just stick to my guns?


    avatar Admin

    The attorney for Capital One showed up at my hearing and he was a major jerk. YES you stick to your guns. Original Creditor or Collection Agency doesn’t matter they all need proof to prevail in a court of law. Do they have any documents to back up their claim against you seeing they cannot produce a contract?


  • avatar Cheryl Durelli

    “My husband received a summons/complaint in Feb, 2010 but we never replied. They (a collection agency) evidently got a default judgment against him because he did not answer the complaint more or less but I have a copy of the default judgment either. Anyway, I purchased your “defendant’s package” and filed a motion to vacate judgment. We are in the state of nj, so, we filed that with a copy of an answer based on your package and I am awaiting the outcome right now. But, I’m writing you to let you know that there is an option for people that have default judgments against them to file a motion to vacate judgment. In NJ, you have to attach your answer to the motion to vacate and pay the fee. Also, he (the collection attorney) has sent us because he has a default judgment against my husband, an Information Subpoena to be filled out. I am very reluctant to fill out that information because I feel if he truly had a claim against my husband, you would have that information. But, I guess I’ll answer it because I don’t want my husband to spend any time in jail over it. Any other suggestions in this regard? Thanks so much for your help. Cheryl”


    avatar Kelley Lynch

    Hi Cheryl,

    “You should spend some time filing a cross-complaint against the “plaintiff.””

    Kelley


    avatar Cheryl Durelli

    “Thanks Kelley for the advice but I believe the time has passed for that. Not sure because I’m not a lawyer but I guess that’s why you need an attorney even though one knows things.”


  • avatar Fadlseed Ammer

    “I received letter from the court for credit card court summons, can you advice me what can i do?”


  • avatar Elizabeth Nagy

    “I have read somewhere that I should deny every single complain listed in the Summons. The second is: “On the information and belief, the Defendant is a citizen of Wake County, North Carolina and is not a minor and is not suffering under any legal disability.” This is all true. What should I deny in this?”


    avatar Judy

    “You may admit those items that are true and deny others that you deem untrue. You can certainly admit your address, you’re not a minor, and have no disability if that’s true, and deny all the other parts of the complaint.”


  • avatar Sen

    “Hello,
    I am answering a summons for a friend of mine who had cosigned on his girlfriends bank account but never spent or authorized one cent. In fact the Bank reimbursed them for money that was stolen by his girlfriend’s daughter when they claimed it fraudulent. This money of course may not be but none-the-less not his charges. The Bank is not listed as the Plantiff, they refused providing receipts showing he signed, or any documentation that showed he made the charges. None provided. They have the two listed as married and were not. I am claiming No Claim defense, deny marriage and charges implicate third “unknown” party, and does he have the right to claim that the Plaintiff shows no relationship to the owner of the debt?
    Thanks”
    Sen


  • avatar Aron

    post from the above: is it to late to file a discovery?


  • avatar Lisa

    “I received a summons from a company in Illinois that bought a credit card debt from Chase on a Washington Mutual credit card.

    I questioned every bit of information that they placed in the complaint from the state laws they were filing under(Delaware-perhaps that should be Washington), the amount they had paid for the debt(they surely purchased at a discount), their ownership(they must prove). The have 20 days to replay–we will see if they do. The collectors for this group have been abrasive at a minimum. Calling every other day-as if 1 day of work would get them the amount of money they were demanding. Threats of lawsuits. Suggestion I get a job at McDonald’s, that I had to take their phone calls(you can request that they only use the postal service(snail mail). I did not include this information in the replay–but if they continue, I may.

    I am also looking into how they reported the inability to pay as ‘refusal to pay’. If they had other options I might get a little settlement from them.”


  • avatar Dominic

    “If it were me and I did do this, I would buy me a digital recorder. I bought a Sony ICD-P620. I would dispute the debt and request validation according to federal and state law. They have to provide both and Illinois is pretty good regarding their consumer debt collection statues. The Seventh Circuit Federal Court is very good and a lot of other states highly respect this courts opinions as well as the 9th Circuit. If it were me, I would also include in my dispute in the middle of a paragraph, “that all calls will be recorded”.

    Now since they sent you a summons and complaint, with 5 days of that communication, they should have sent you a 1692g notice of rights. If not, counter-claim against them. They have 20-21 days to answer the counter-claim, if not, If it were me, I’d file a notice of default.

    If it were me I would record every phone conversation, the date and time, the person’s name, the number they call from everything and then, If it were me, I’d call Edelman & combs in Chicago, Ill and make an appointment and If it were me, plan my next cruise for the next 12 months a week at a time. Be aggressive and never, never, never ever give up!!! Winston Churchill.”


  • avatar Michele

    “I received a summons in the mail (it was actually sent to my mothers house), it was never served to me in person. The summons was filed with the court 2 months prior to me receiving it in the mail. When I called the plaintiffs (law office) I asked if it is normal to receive the summons 2 months after it was filed and what I needed to de next. The lawyer told me that she would call me back in a couple days she needed to find out who the summons was delivered to. The summons does not show any date that i can find telling me when I need to be at the court house, I font know what to do at this point, can you help me. I live in California if you need this information.”


  • avatar ScallaNeedsHelp

    “Hello,

    I came home to find a note from the sheriffs office on my door. When I checked their website for civil suits against me, I found that a lawyer for Citibank has filled a credit card complaint against me. Should I avoid getting served or should I call the sheriffs office to get served and fight. The debt has been delinquent and inactive since 2007 or 2008. What should I do?”



What is a Summons and Why Did I Get Served?

Thursday, August 8th, 2013

The plaintiff will start off a Summons by preparing a paper and submitting it with the court informing them that the defendant is being sued.

The Summons will state the amount of time the defendant has to answer the Complaint.

If you do not answer, or show up on your court date (small claims court) you will get a default judgment entered against you. Meaning you didn’t show up and lost. This entitles the plaintiff to win the entire amount that they are suing you for. Is it worth it?

You got served because the plaintiff is saying:

We bought the debt from ____________ Bank and now you owe us money. We are suing you and you better pay it now.

They are really, hoping that you are stupid and just don’t show up in court so that they can get a default judgment against you. But you are not stupid now are you? Obviously not, you are here looking for some help and I will try to explain and hopefully help you here.

They are hoping that you don’t know your rights, and won’t show up and they’ll get a default judgment against you and then freeze your bank account and garnish your wages legally.

They don’t want you to know that you should answer the Complaint and list every single affirmative defense that you can possibly think of.

They don’t want you to know that over 90% of credit card debt lawsuits end up being dismissed because of numerous things!


Burden of proof is on the plantiff

The plaintiff needs to prove that you owe them money. They need to show an assignment signed over from the original creditor over to the plaintiff. They need to show a contract between you the defendant and the original creditor. And they need to prove that the statute of limitations is still alive and kicking in order for them to sue.

The plaintiff must prove their claim not the defendant. The defendant doesn’t have to prove anything. The plaintiff is suing you, and you need to fight them back and make them prove every single count on their Complaint is just and true!