Received a summons today for AC breach of contract...

[InDebtNeedHelp]

It does not say that.

The sample looks good. Just Broke is correct, you need to deny each and every paragraph, cause of action, etc.

Question: Does the complaint itself say: Verified complaint for damages. If it is, you must also sign a verification stating that you have verified it. I have a format that I will send to you that you can include in your answer.

I'm glad for you that there is no filing fee. We are up to $320 and $380 to respond to a complaint now here.

[2manybills]

Good. Then you should be good to go.

Good luck to you. I hope you can stall a judgment off until you have time to file.

[InDebtNeedHelp]

Mailing an Answer to a Summons tomorrow See page 2 of this thread). Any other advice? Thanks in advance.

[2manybills]

Just make sure you put the attorney's information in the proof of service that you are sending the document to you.

How long ago were you served? If I were you I would deliver it to the courthouse personally for filing with the Clerk. That way, most importantly, you know it was filed timely and second if there is a problem, they will help you out while you are there and you can fix it.

As for the other attorney, you just drop a copy in the mail as you stated in your affidavit.

[music12]

i would mail it not earlier than 3 days before the deadline. that way you buy as much time as possible.

[InDebtNeedHelp]

Thanks.

i would mail it not earlier than 3 days before the deadline. that way you buy as much time as possible.

[2manybills]

But keep in mind, that you can't file it with the court until the day you actually mail it. Because in your declaration of mailing your are declaring that you mailed a copy to opposing counsel on (such-in-such) a date, and that cannot be a date in the future.

Leave yourself plenty of time when filing with the Clerk. I know you want to buy more time, but make you then personally file it. We just had a case in my office where our answer was filed on the same date that the plaintiff's attorney filed a default. We were able to fix it, but we had to jump through some hoops to handle it. The court actually entered default that fast. So sometimes they move quicker than you want.

[InDebtNeedHelp]

Yes, I will give myself plenty of wiggle room. I will mail it a week before my court date using USPS confirmation and all of those bells and whistles. Thanks.

But keep in mind, that you can't file it with the court until the day you actually mail it. Because in your declaration of mailing your are declaring that you mailed a copy to opposing counsel on (such-in-such) a date, and that cannot be a date in the future.

Leave yourself plenty of time when filing with the Clerk. I know you want to buy more time, but make you then personally file it. We just had a case in my office where our answer was filed on the same date that the plaintiff's attorney filed a default. We were able to fix it, but we had to jump through some hoops to handle it. The court actually entered default that fast. So sometimes they move quicker than you want.

[music12]

check with the court whether your deadline is the date your answer is supposed to be received or just postmarked. it's possible that you can go to the clerk's office and personally give your answer ON the deadline, and just put your answer in the mail to the creditor the same day. then the clerk's office received it on the deadline, and the postmark to the creditor is also on the deadline. just ask their policy.

[InDebtNeedHelp]

Thanks.

check with the court whether your deadline is the date your answer is supposed to be received or just postmarked. it's possible that you can go to the clerk's office and personally give your answer ON the deadline, and just put your answer in the mail to the creditor the same day. then the clerk's office received it on the deadline, and the postmark to the creditor is also on the deadline. just ask their policy.

[InDebtNeedHelp]

[justbroke]

Very Nice!

[music12]

My Answer to Summons is written and ready to file. I am happy with how it turned out. Thank you for all of the help.

Here is the body of my Answer to Summons:

ANSWER

1. Defendant specifically admits the allegations contained in Paragraph 1 of the Complaint filed here against him.

2. Defendant specifically admits the allegations contained in Paragraph 2 of the Complaint filed here against him.

3. Defendant lacks knowledge or information sufficient to form an opinion as to the truth and accuracy of the statement in Paragraph 3. For example, the credit card agreement submitted, as it has no signature or other means of verification. For example, no details concerning how the interest and fees listed in Paragraph 6 were calculated.
I would stop after the first sentence. the second and third sentences give more information than is required. i don't think you haveto explain why you lack knowledge.


4. Defendant lacks knowledge or information sufficient to form an opinion as to the truth and accuracy of the credit card agreement submitted (as stated in Paragraph 4), as it has no signature or other means of verification.
Same comment as before - you don't have to explain why, i.e. you don't have to explain that the reason is lack of signature, because what if you come up with another reason later? if you don't explain now, you are essentially reserving the right to explain later.I would take out the stuff in parenthesis.[I would add: "if any"],how the total debt amount was calculated, all fees, charges and interest accounted for, as well as the original agreement "if any"actually entered into.

other than my comments above, i think it sounds really good! see, you went from saying you were completely clueless to writing a great answer! hooray!

[music12]

by the way, what is it that you are admitting to in par 1 and 2?

[InDebtNeedHelp]

Thank you!

Very Nice!