What do I do if Pressler sends me summons to appear in the court?
Date: Fri, 12/05/2008 - 09:01
Submitted by smithmapleshade
on
Fri, 12/05/2008 - 09:01
Total Replies: 5
Find out if the summons is real. Find out when and where to go
Find out if the summons is real. Find out when and where to go for court. And definitely show up and ask for validation of the debt. Is the debt legit?
THE SUMMON IS BUT NO COURT DATE HAVE TO ANSWER QUESTION BY JAN 5
THE SUMMON IS BUT NO COURT DATE HAVE TO ANSWER QUESTION BY JAN 5TH...
THE GOODS OR SERVICES WERE NOT REC.
THE GOODS OR SERVICES RECE WERE DEFECTIVE
THE BILL HAS BEEN PD
I/WE DID NOT ORDER THE GOODS OR SERVICE
THE DOLLAR AMOUNT CLAIMED BY PLAINTIFF IS INCORRECT
OTHER SET FORTH ANY OTHER REASONS WHY YOU BELIEVE THE MONEY IS NOT OWED TO TEH PALINTIFF
Almost every court in the United States run on the same Rules of
Almost every court in the United States run on the same Rules of civil procedure. California and New Hampshire are the only 2 that have different codes. Something I haven't looked into too much.
The way a lawsuit works is the defendant is first served with the summons. They usually have 20 days to answer that summons. The defendant will either confirm, deny or neither confirm nor deny the complaint. Also I am almost positive that if the defendant has a counterclaim, they need to state it in theie answer.
After the answer is served a case management hearing will be set up, usually 3 months after.
Now it is the discovery phase. This is where the Plaintiff serves Interrogatories, request for production of documents, request for admissions and also request for witnesses. It is also where the defendant can serve the Plaintiff with the same requests. If the defendant whats the plaintiff to prove their case, they will usually request production of documents.
After serving each party in the case, they each have a set time to respond. It is usually 30 days plus 3 days from the day they receive your request. If either party fails to respond, the next step is a motion to compel. Now you would go to the court house and file a motion to compel, the court order the party that failed to answer to serve the answer, usually within 15 days. At that point if they fail to provide an answer or a good reason to answer, If it is the defendant, they can motion to dismiss with prejudice. If it is the Plaintiff, they will get a default judgment against you.
If both parties get all the information they want, then they go to the case management hearing. This is to see that everyone has everything they need, documents, interrogatories, witnesses. Also at this point they try to work out an agreement. If an agreement cannot be made then the case goes to trial.
Almost all cases do not go to trial. Either the plaintiff will not have the evidence to prove his or her complaint or they will and then the defendant will enter a payment plan with the plaintiff. If neither party can come to an agreement and they want a jury to decide, it goes to trial.
This is just the basics of how court works. I am not an attorney, though I would like to be one. If I knew last year what I knew now I would have never gotten a judgment against me. I failed to answer when I was served cause I didn't know how and I lost.
I am now educating myself and I try to help others in the process. You can either use the knowledge I have provided, call an attorney or do your own research if you feel safer.
Hope this information helps you.
okay i just got the interrogatories the 1 is set forth with
okay i just got the interrogatories
the 1 is set forth with specificity all facts in support of each defense and /or claim which the defendant has in the above-entitled matter including dates places names and addressess of person present or involved in amy actions and /or conversations.
ans.
2 attach copies of all writings documents or any other records whick relate to said account or in any way support any defenses or claims including but not limited to correspondence contracts agreements notices monthly statements applications and aaany letters sent to or received in connection with the subject account
ans.
3 attach any documentation evidencing defendant;s mailing address between 06-14-06 to 02-15-08 which should include but is not limited to copies of energy or water bills telephone bills lease and /or deeds / mortgages and drivers licenses if said documentation is not in the possession of the defendant please list each address at which the defendant received mail duding the time period requested
ans