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MUST I have an atty to answer summons?

Date: Fri, 01/30/2009 - 11:37

Submitted by saba2r
on Fri, 01/30/2009 - 11:37

Posts: 8 Credits: [Donate]

Total Replies: 3


I received a summons from a county I haven't lived in for 7 years an old debt that was paid. I was drafting a response stating improper venue, etc. I called a legal line provided by my employer to ask if my response sounded ok. The guy told me I MUST get an atty in that county to handle it. Is that true? Time is running out.


I'm pretty sure you can always represent yourself.

However, some judges can be sticklers about "proper procedure" and adhering to the formality of the court. If you don't "dot your i's and cross your t's" exactly how the judge expects, he can strike your answer for not following proper procedure. If that happens, essentially the plaintiff can get a default judgment because the court doesn't recognize your answer.

For example if your answer says "I don't owe this because I already paid it and this is improper venue." -- the judge may laugh and disregard it because it doesn't have the legal-ese that a lawyer would use so eloquently.

The guy at the help line might know the judge is a stickler, and that's why he told you get an attorney.

Or, that could just be their default answer to all legal questions. After all, they wouldn't want to get sued if they told you that you could file yourself, and then you ended up losing because of it.


lrhall41

Submitted by DebtCruncher on Sat, 01/31/2009 - 12:37

( Posts: 2293 | Credits: )