Got a summons...How to respond?

[nickifan]

I would reply to the summons. You might as well. It won't hurt you. It bought me a ton more time. This is what I said in regards to the summons I received (Case No & Info on top):


The allegations of Paragraph #1 are denied for lack of knowledge about the truth and sufficient information to justify a reasonable belief therein.

The allegations of Paragraph #2 are denied for a lack of sufficient information to justify a reasonable belief therein. Defendant calls for strict proof of contested allegations.

Wherefore, Defendant requests that this lawsuit be dismissed.

Respectfully,

XXXXXX

If I may revive this slightly older thread...I'm very interested in what you did and how.
I have a thread elsewhere about having a notice on my door
Wednesday night, which I stupidly called about, and then the process server here last night. Target National Bank is suing me for $2445 -- where I have several other defaulted cards with much higher balances! But I digress.

Are you saying you just wrote that on the "interrogatories" and mailed them back?
The front of my citation says I'm to appear in the Justice Court the first Monday after TEN days have passed since I was served! Didn't you have to appear anywhere first?

I did email the BK atty I would like to hire if I have to do this (I too was hoping they'd all gone away except for a few stalwarts who call daily)...and she wasn't as forthcoming as I'd like (maybe it's seen as free advice, who knows, because I did like her when I met her)
and she said "You could actually hand deliver a document with the heading “Target v you with the case number” Call it an “answer” and just say “I deny everything” . That will buy you time. Send a copy to the law firm. You do, probably, want to file a bankruptcy as soon as you are able however." I'm looking for more of a step by step approach, if you know what I mean. So could you elaborate a little on what you did? You said there were only two pargraphs, but my citation includes a page with 16 questions to "admit or deny" , then 10 "interrogatories" that basically say for every admission you deny, to "state andexplain every reason or basis for that denial." Sixteen times.....Many thanks!

[LadyInTheRed]

nickifan, court procedures vary by state. In many states, after you are served with a summons (which is like a citation), you can file an answer. After the answer is filed, a court date is scheduled. It sounds like Texas works differently if the citation says you have to appear in court in 10 days. Try checking the website for the Justice Court in your county. They may have information for pro se defendants.

[tcreegan]

Hi nickifan,

Was your other thread where we learned a judgment in Texas is dang near impossible to collect?

Tom in Colo

[btbeme]

I received a lawsuit from a creditor (American Express) about 60 days before I intended to file, some 120 days after I last paid them (owed $32,000). Notably, it was 3 days after I notified them that I had retained an attorney for the intent of filing Ch 7 bankruptcy. They charged up the lawsuit hill anyway, just to waste our collective time I guess. While laws and timelines vary from state to state, I felt more comfortable filing an answer to the suit in the court where I was sued. That bought me an additional 60 days, which was more than enough time to file Ch 7, even though my filing fee for the answer was $240. The timing would have been too close otherwise.

Lawsuits are nothing. What you do not want is a judgement, simply because those take more time and effort (and attorney fees) to scrape off. And wage garnishment is no fun, either, even if it will get killed in the BK. Keep it simple whenever and however you can.

Also - I suggest you notify the court or arbitrator that is assigned to your suit once you have filed bankruptcy and supply them with the filing number. I guarantee your creditor will not notify them, and you will get letters or phone calls from them setting appearance dates, etc. It is a courtesy to help them clear their calendar since you will have no need to appear once you have filed BK.

[dumpinmydebt]

If I may revive this slightly older thread...I'm very interested in what you did and how.
I have a thread elsewhere about having a notice on my door
Wednesday night, which I stupidly called about, and then the process server here last night. Target National Bank is suing me for $2445 -- where I have several other defaulted cards with much higher balances! But I digress.

Are you saying you just wrote that on the "interrogatories" and mailed them back?
The front of my citation says I'm to appear in the Justice Court the first Monday after TEN days have passed since I was served! Didn't you have to appear anywhere first?

I did email the BK atty I would like to hire if I have to do this (I too was hoping they'd all gone away except for a few stalwarts who call daily)...and she wasn't as forthcoming as I'd like (maybe it's seen as free advice, who knows, because I did like her when I met her)
and she said "You could actually hand deliver a document with the heading “Target v you with the case number” Call it an “answer” and just say “I deny everything” . That will buy you time. Send a copy to the law firm. You do, probably, want to file a bankruptcy as soon as you are able however." I'm looking for more of a step by step approach, if you know what I mean. So could you elaborate a little on what you did? You said there were only two pargraphs, but my citation includes a page with 16 questions to "admit or deny" , then 10 "interrogatories" that basically say for every admission you deny, to "state andexplain every reason or basis for that denial." Sixteen times.....Many thanks!

Your states laws must be different because we have 28 days to respond to a summons. I was served with my summons as well, granted not in the same way. I had to pick it up with ID at the post office. Anyways, we did not have a court date until after the judge reviewed my answer.

[sjades]

nickifan, when do you plan on filing bk? if you file before "the monday after the 10 days after being served", then...file the bk petition...you should get a confirmation and bk case # from the bk court and includes a general notice to your creditors (this is basically the notice that the courts will send to your creditors from your creditor's matrix but just formatted differently...you'll get the "official" formatted letter about a week later for your records too along with any other information that may be missing for the courts and the date for your 341)...).

Once you get the confirmation printout that you've filed bk, go to the courts where the lawsuit was filed, take two copies of the confirmation (keep your original) to the clerk (you'll see it on the papers you were served or you can look it up online). put your bk case # and target case # on it (depending on the court, the clerk will tell you what else is needed) and have the clerk stamp the date and time you're filing that (have them do the same with the other copy -- they charge you just to make a photocopy...).

I don't know which district you're in, but to be on the safe side, you can also call the court where the suit is filed and ask the clerk's office what is needed for you to notify the court where the suit is filed that you've file bk. they didn't ask us for anything formal. we had two lawsuits in two different courts (same law firm) and one asked us to write a quick note saying we filed bk, put case # on it etc along with the copy of the bk confirmation so it depends on the court and their procedures.

THEN after you've done that, you need to write the lawfirm a letter telling them that you've file bk, case # etc. send them a copy of the file stamped paperwork that you got from the court too. mail the letter and enclosures certified. when you're done, you shouldn't have to fill out that 16-page garbage as long as you've filed bk before the monday after 10 days.

if this is confusing, pm me. our suits were from the same lawfirm as the one that sued you too. re you can file an emergency bk with some prelim paperwork but you have to get all else to the courts within 15 days after (it's best to file everything at once but if you're strapped for time, i would say file the emergency bk so you can get that bk case #). I'm not a lawyer so if you're going to hire the lawyer, you should probably retain her soon. hope this helps!

shel