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Now What · Posted: Wed Aug 20, 2008 4:48 pm Subject: Help, how do I answer summons....

Here are the questions:

1. That the addresses for the plaintiff and defendant are shown above.

2. That the defendant applied for a credit card and thereby entered into a contract, and that the pursuant thereto the defendance were issues a credit card which is the subject of this action.

3. That the plaintiff is the current holder of said credit card account, and the plaintiff has performed all it obligations under the contract, but the defendance has defaulted by failing to make the payments due thereon.

4. That the obligation of the defendant to the plaintiff is a marital obligations in that the goods and services purchased through the use of the credit card any any monies obtained were used in the interest of the marriage or the family of the defendant.

5. That any required notice to cure default was given to the defendant, that the defendant failed to cure the same, and that the plaintiff has declared the entire balance of said account due and fully payable.

6. That accurate copies of the writings evidencing defendan'ts obligation will be submitted to the court and defendant upon receipt of defendant's written request therefore on or before the return date or the date on which the answer is due.

7. This is an attempt to cllect a debt and all information obtained will be used for that purpose.

8. That the balance due from the defendant to the plaintiff is calculated below.

As and for a second cause of actions, plaintiff alleges and shows to the court as follows:
9.
Realleges and incorporates as if fully set forth herein each of the allegations of the plaintiff's first cause of actions.

10. That the buyer-defendance was provided with a statement of said account indication the balance due thereone, and the buyer-defendant retained said statement without making objection thereto within a reasonable time and/or make a partial payment on said balance due.

11. That the defendants failed to pay the amounts set forth on those statements and there is a balance due the plaintiff from the defendant in the sum of x, and that, although the plaintiff has made demand upon said defendant for the payment of aforesaid sum, the defendant has/have failed and neglected to pay same.

I need help on how to answer these and is there a certain form that the response needs to be made on?

This should have all been handled through James Lombardo, but wasn't.

Posted: Wed Aug 20, 2008 4:51 pm Subject:

what state are you in?

Jedi · Posted: Wed Aug 20, 2008 4:53 pm Subject:

Find out if the account is out of statutes of limitations first or not. If it is out of SOL then you can use that as your defense.

If you call up the courthouse the summons was filed through, they can tell you how to respond as well. The clerk can't provide legal advice, but can guide you on the proper way to answer.

Now What · Posted: Wed Aug 20, 2008 4:54 pm Subject:

Wisconsin

One lawyer I contacted wants a $1,000 retainer fee and $200 per hour. Yikes, can't really afford that right now.

Posted: Wed Aug 20, 2008 5:00 pm Subject:

If it is in small claims court you can use this answer:

http://www.wicourts.gov/circuit/ccform.jsp?FormName=SC-5200&FormNumber =&beg_date=&end_date=&StatuteCite=&Category=&Language=&Format=

I can't find one for general civil right now. You may want to go to the court and ask for an answer form.

CalLawyer · Posted: Wed Aug 20, 2008 8:27 pm Subject:

Bummer about that lawyer, don't they all just suck?

Check that you're in small claims before using those forms. You didn't say how big the debt was, if it's large you may be in general jurisdiction (or "unlimited" as we call it here in Cal.). The rules almost certainly vary.

Then find out whether you can make a general denial, which is basically "defendant generally denies all the allegations of the complaint." There's probably a form for this, and if so that's what you want.

Finally, on the answer form you want to list any defenses that apply to your situation, such as standing, statute of limitations, etc.

BTW, most judges cut pro se plaintiffs lots of slack. They know what you're up against.

Finally, if there's considerable money involved, consider looking for a pro bono office in your area. Also, the Nolo Press has excellent information about how to handle your own lawsuit.

Best wishes.

Posted: Wed Aug 20, 2008 8:53 pm Subject:

He really likes asking questions and responding to himself... doh...

Posted: Wed Aug 20, 2008 9:04 pm Subject:

Actually, Dollars, I think that Now What is one of the James Lombardo sifxpert victims.

And Cal Lawyer, is that really you, giving genuine advice in a public forum?? Shocked

Guest · Posted: Thu Aug 21, 2008 4:03 am Subject:

what should you do if some of the things listed on the summons are true? for instance, The defendant is the current card holder..,The defendant applied for a credit card and thereby entered into a contract... Should you still file a general denial

Now What · Posted: Thu Aug 21, 2008 7:05 am Subject:

This doesn't fall under small claims, and isnt past the statute of limitiations. James was negotiating a settlement as late as the beginning of July, then he disappeared.. So, the account got charged off and now we are being sued.

Posted: Thu Aug 21, 2008 7:39 am Subject:

Now What · Posted: Thu Aug 21, 2008 7:42 am Subject:

My plan is to answer the summons in the 20 days, and then work out a settlment arrangement prior to the court date.

math · Posted: Thu Aug 21, 2008 8:02 am Subject:

Five hours of work at $200/hr is 1k. Time should be billed against the retainer.

Furthermore, I can't imagine how an ethical, competent attorney could spend five hours settling a 5k collection case.

(Realizing, of course, that to many in here, "ethical, competent attorney" constitutes an oxymoron.)

Posted: Thu Aug 21, 2008 8:25 am Subject:

Well unfortunately math, attorneys are expensive. The last one I worked with cost me $250 just to get a simple settlemet letter that took maybe 10 minutes for him to write. Just think about that hourly rate for a minute. I could also see a lawyer easily billing for 5 hours unless this thing never makes it to court. I would think a lawyer would automatically charge 1/2 day work just for showing up in court. Even if I am off but 50% that is still 1k OOP which is 20% of the debt. That is a lot of wasted money especially if you don't have a defense anyway.

Now What · Posted: Thu Aug 21, 2008 9:16 am Subject:

Called the courthouse, and they made it sound quite easy. Just answer the questions in the summons, no particular format and file with them and send a copy to the attorney. So, I'm going to go that route.

Now What · Posted: Thu Aug 21, 2008 9:17 am Subject:

Called the courthouse, and they made it sound quite easy. Just answer the questions in the summons, no particular format and file with them and send a copy to the attorney. So, I'm going to go that route.

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