Being sued
Date: Wed, 06/06/2007 - 22:04
I am being sued the papers say I need to file a written answer within ten days. A written answer to what? Is my question?
It is a written answer to the plaintiff's complaint, basically s
It is a written answer to the plaintiff's complaint, basically saying whether the plaintiff's statements are true or not.
Their complaint is usually numbered, and will list every argument they have for suing you. For Example:
Quote:
1. Plaintiff XYZ Credit Card is an Illinois Limited Liability Corporation with its principal place of business at 1234 Main St., Some City, IL, 54321. 2. Defendant is an individual who resides in Chicago, IL. 3. On or about 1/1/2002 defendant filled out a credit application with the plaintiff for a credit card. Plaintiff subsequently granted and extended a $1500 line of credit to the defendant. 4. Defendant defaulted on the account on 12/1/2003 when s/he failed to make timely payment as outlined in the agreement. Defendant has never cured the default. 5. Defendant is in arrears the amount of $6873.00. WHEREFORE, Plaintiff requests that the Court enter judgment in favor of Plaintiff XYZ Credit Card and against Defendant John Smith for: (1) Actual damages in the amount of $6873.00; (3) Reasonable attorney fees and costs of suit; (4) Such other and further relief as the Court deems appropriate. |
Your answer would repsond to each numbered statement, saying weather you agree to their allegation or not. You would basically cut and paste their complaint, and then respond. If you don't know, you can formally say that:
[quote][center:849d8fd3b5]Defendant's Answer to Complaint[/center:849d8fd3b5]
1. 1. Plaintiff XYZ Credit Card is an Illinois Limited Liability Corporation with its principal place of business at 1234 Main St., Some City, IL, 54321.
ANSWER: Defendant is without knowledge or information sufficient to form a belief as to the legal status or principal address of the Plaintiff.
2. Defendant is an individual who resides in Chicago, IL.
ANSWER: Defendant admits the statement in Paragraph 2.
3. On or about 1/1/2002 defendant filled out a credit application with the plaintiff for a credit card. Plaintiff subsequently granted and extended a $1500 line of credit to the defendant.
ANSWER: Defendant admits the statement in Paragraph 3.
4. Defendant defaulted on the account on 12/1/2003 when s/he failed to make timely payment as outlined in the agreement. Defendant has never cured the default.
ANSWER: Defendant denies each and every allegation contained in Paragraph 4.
5. Defendant is in arrears the amount of $6873.00.
ANSWER: Defendant denies the statement made in Paragraph 5.
[/quote]
If you have any affirmative defenses (like you never opened an account, it was paid off, or included in a bankruptcy) then you would list those at the end under a heading "Affirmative Defenses".
The reason for you filing an answer, is to determine what you and the plaintiff disagree on. Anything you disagree on will need to be taken to trial for the Plaintiff to prove. If you really don't disagree to any of the material facts, then the Plaintiff can motion for a summary judgment without having to go through a whole trial.
