summons
Date: Wed, 11/12/2008 - 12:34
Were you actually served a summons? How old is the account as fa
Were you actually served a summons? How old is the account as far as the last payment made if any?
If you were delievered a summons you MUST answer it.There should
If you were delievered a summons you MUST answer it.There should be numbered claims attatched to the summons that the plantiff made.You MUST answer these or the plantiff will get a default judgement against you,basically saying since you did not answer or show in court you lose your right to defend yourself and the plantiff will win the case.So you write agree, deny, or without sufficient knowledge or information therefor deny,which ever one apllies to each statement plantiff made.You must write it or type it or ask clerk of court for a form to answer the summons cause your answer has to be formal, in other words like the form the plantiff filled out regarding claims you got, all formal. You will want to look up your states Civil Process which can be confusing ,but this just tells what you are allowed to file and when and how, and make sure you can include defenses with your answer.Defenses are also formal and you write your defenses to their claims such as if account is past your SOL,make sure it is, and by the way most states say making a payment even partial against a debt restarts the SOL so even though your account was let go years ago all the time you made payments updates your SOL,but if SOL is expired this would be a defense:
DEFENSE
1:Claim is time-barred, Statute Of Limitations of XX years has passed
Continue with defenses for your case.Google Deffenses of Debt, you can find a right many that would most likely apply to your case.Your defenses must be in regards to your case do not just throw in defenses that have nothing to do with the claim.
Then lastly if the Attorney has violated any fdcpa rules then you can file a counterclaim which again must be formal and written a certain way.
Whatever you do you MUST answer the summons.Each state has their own timeline to when you must answer the summons, mine is 30 days, and I have to deliver the original copy to Clerk of Court and send certified mail a copy to Plantiff within the 30 days.I am right now being sued and going through all of this and just wanted to pass what I have found so far along,I am no attorney and do not practice law, just my personal suggestions!
Good Luck!