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Summons what does this mean?

Date: Fri, 07/24/2009 - 16:00

Submitted by lmale
on Fri, 07/24/2009 - 16:00

Posts: 742 Credits: [Donate]

Total Replies: 7


We got a summons today from HBSC, at the bottom it says:

A copy of an answer to the complaint within 28 days after service of this summons on you, exclusive of the day of service. Your answer must be filed with the court within 3 days after service of a copy of the answer on the plaintiff's attorney.

We got the 28 day thing, but we don't under the 3 day thing. Can someone please explain what that means?

Thanks Reny


they are suing you. you must answer the summons within three days. who served the papers? a sheriff officer or a process server? you can contact their office for advice on this.
many people here know how to answer a summons but i am not one of them :( i just wanted to bump your thread up because I know this must get answered asap.


lrhall41

Submitted by bea2ls on Fri, 07/24/2009 - 19:22

( Posts: 3840 | Credits: )


i sometimes work with summons and i know that not all of them have the fill in section, most of the ones i have seen do not have them.
i get the impression by reading this that you have three (buisness) days, i do not think it is difficult to answer a summons, the court should be able to guide you. i wish i could have better answers for you, i am sorry :( and please, someone correct me if i am wrong about this.
hopefully someone else will come along to help.. i am sorry not to be much help i just wanted to keep bumping your thread so it gets more attention.


lrhall41

Submitted by bea2ls on Fri, 07/24/2009 - 19:27

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No, you have 28 days (calendar days) to answer the summons. You need to send a copy of your answer to the plaintiff's attorney by then, and within 3 days after that, file it with the court. To avoid any problems, just send it to the attorney and the court on the same day. And it wouldn't hurt to be a few days early so they can't claim you didn't do it in time because of mail delays.

What I do is take copies to the clerk of courts, have them time-stamped, and send the stamped copy to the shyster - I mean creditor attorney -so they know I filed it in time.

Are you in Ohio, by any chance, as this looks like OH procedure. If so, there probably isn't a form to fill out. You have to write a pleading. You need to answer each of the plaintiff's numbered assertions with either admit, deny, or lack knowledge sufficient to admit or deny. Options two and three are best, because if you admit all of them, they win the case.

You also have to submit your affirmative defenses and counterclaims, if any, as part of the answer. There are examples of affirmative defenses here and elsewhere on the internet.

Note, you can always dispute the amount, especially since they undoubtedly have inflated the balance with garbage fees.

See Discover Bank v. Owens, an Ohio (Cleveland) muni court case.


lrhall41

Submitted by on Sat, 07/25/2009 - 08:44

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