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Summons, need help

Date: Thu, 08/14/2008 - 09:04

Submitted by anonymous
on Thu, 08/14/2008 - 09:04

Posts: 202330 Credits: [Donate]

Total Replies: 6


How do I go about answering a summons?


What state are you in? What else came with the summons? Request for Admissions, Interrogatories, a questionaire, request for Production of Documents? Here is a sample of affirmative defenses to use in answer to complaints. Refer to your states rules of civil procedure to make sure they are in line:





lrhall41

Submitted by NASCAR_Devil on Thu, 08/14/2008 - 09:08

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Hi, you need to take a letter to your district court and explain about the debt..what happened...if you dispute it etc...I live in Kentucky and this is what I had to do. Capital One has filed a small claim lawsuit against me for $900.00!!! I have asked for validation of the debt and have not heard anything back from the "attorney". I am sure this account was bought by a third party and they hired the attorney to squeeze the money from me. Guarantee they only paid a fraction of what was owed.


lrhall41

Submitted by on Thu, 08/14/2008 - 16:08

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I am in Wisconsin. Here is the verbiage from the summons.

Now comes the plaintiff by Rausch, Sturm, Israel, & HOrnik, S.C. attorneys, and for a cause of action against the above named defendant, alleges and shows to the court as follows:

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 pursuant thereto the defendant were issued 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 its obligations under the contract, but the defendant has defaulted by failing to make payments due theron.

4. That the obligation of the defendant to the plaintiff is a marital obligation in that the goods and services purchased through the use of credit card and 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 declared the entire balance of said account due and fully payable.

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

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

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

As and for a second cause of action, 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 action.
10. That the buyer-defandant was provided with a statement of said account indicating the balance due thereon, and the buyer-defandant retained said statement without making objection thereto within a reasonable time and/or made a partial payment on said balance due.
11. That the defendants have 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 was has made demand upon said defendant, for the payment of the aforesaid sum, the defendant has/have failed and neglected to pay same.

Wherefore, plaintiff demands judgement against the defendant for the sum of x, plus the costs of disbursements of this action.


lrhall41

Submitted by on Thu, 08/14/2008 - 17:34

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