How do I answer a Complaint?

[jtindisguise]

So I read the sticky "Creditor Lawsuits and Judgments." I am not ready to file for BK because of multiple reasons but Ford still suing me. I need to buy myself some time until I can file or get a debtor defense attorney to help me. I am going to answer the Complaint denying the allegations. Who do I send this to? Do I send my answer to the complaint to the plaintiff’s attorney or the Clerk or Courts? How do I send it? Return receipt US Mail okay? I live in Arizona. Also, say I default and dont answer. How would plaintiff's attorneys know where I work to garnish my wages or where I bank?

[BigJohn]

Calm down. Do you want to tell us what the complaints says?

It probably tells where to send the complaint to?

What court is this coming from?

What is this all about?

[jtindisguise]

Sure, the complaint states that I defaulted on a vehicle lease. After Ford mitigated their loss by selling the vehicle at auction there is an outstanding balance of $12,365 plus 10% interest. It also states that I was or became married during the lease term. Odd, I don't even have a girlfriend.

It is coming from Superior Court the State of Arizona for Maricopa County.

[hopeforus]

congrats on the marriage you didn't even know about!!!!

[Nicollette]

It also states that I was or became married during the lease term.

What would that have to do with it anyways?

[treehugger1]

I have no current experience in these matters but I have read several other responses to such questions on debtor boards/forums. I twill probably cost you to file an answer/response. In most states, the civil rules of procedure allow you to either deny, admit, or state you have insufficient knowledge of the allegation. In general you need to respond to each numbered item on the suit. You then probably need to file your answer and have it served on the plaintiff. I'm not sure about the details, but in a few months I could have personal experience to share, LOL. What I do know is that in many states it costs you money to file a response to defend yourself in civil matters.

In your case, if you fail to provide an answer, I would guess the plaintiff will be granted a judgment by default and will come after bank accounts, wages, or any other nonexempt assets in your name.

[treehugger1]

I should add that it is my understanding that once you answer a non-small claims suit, you shoul dbe ready to engage yourself in your own discovery of the facts or prepare to answer a multitude of queries from the plaintiff, under the rules of discovery for your state. Unless you have legal expereince and/or are a licensed attorney in your state, your best attempts at answers/discovery will at most buy you some time before a judgment is awarded. Just my 2 cents!

[Flamingo]

Remember folks on this forum cannot give legal advice. I can tell you that the original Answer gets filed with the Court within the specified time (due date) and a copy served upon the plaintiff with a Certificate of Service attached to the Answer that a copy was served upon the plaintiff and how it was served (U.S. mail., date, etc.). A suggestion is to call the Clerk of Court for that Court and see if they can tell you anything as to what to do and how to proceed without retaining an attorney. Each state varies as to certain requirements for everything so you may want to consult an attorney.

[BigJohn]

Sure, the complaint states that I defaulted on a vehicle lease. After Ford mitigated their loss by selling the vehicle at auction there is an outstanding balance of $12,365 plus 10% interest. It also states that I was or became married during the lease term. Odd, I don't even have a girlfriend.

It is coming from Superior Court the State of Arizona for Maricopa County.

How long ago was this? I am thinking about the Statut of Limititations.

Also have you moved from the State in which the vehicle was leased from? What State was that?


As for your marriage, I got one complaint in which their lawyer addressed me seeral times as Mss.

[jtindisguise]

This all occurred this year. I have not moved either. The state of original lease and default is Arizona. I did some reading last night after I posted this original thread. Apparently, Ford needed to notify me of their intent to sell the vehicle after it was taken. They have never notified me. Does this do anything for me?

[justbroke]

This all occurred this year. I have not moved either. The state of original lease and default is Arizona. I did some reading last night after I posted this original thread. Apparently, Ford needed to notify me of their intent to sell the vehicle after it was taken. They have never notified me. Does this do anything for me?

That could be ONE of your affirmative defenses in your answer. I may also be inclined to include, at the end of my (read your) answer that because of Ford's failure to follow the Statute (you should look up the Statute and make the exact reference to where they are supposed to notify you that they intended to sell/dispose of the property) means that they don't have a right to deficiency, because they didn't give me (read you) fair notice.

[jtindisguise]

Good advice. I found on the court's website where to file. The fee is over $250 to answer the complaint. ROBBERY! Some other interesting info that I would like to hear opinions on are....

1) after I voluntarily returned the vehicle, I was contacted by a representative from Ford in an attempt to make payment on the default amount of over $12k (remaining payments and after auction amount). I offered to make the remaining lease payments, 10 of them, to complete my lease agreement. Ford would not accept the offer.

2) Prior to the phone call I just mentioned I sent a Cease and Desist letter to Ford which they responded to in writing acknowledging they would not call me again. Of course, they did which I have a record of.
This whole thing is garbage. I cannot make payments and when I give the vehicle back and offer to make the payments they sue me for more than 3 times what I defaulted on. What a scam! I have an appt. with an attorney who represents people who had their vehicles repossessed today. When I told him about the story and mentioned who the plaintiffs attorney was he said he knew the other attorney.

[BigJohn]

I would think you would only have to pay what is due on the lease, interest and lawyer's fees. My question is why did they auction the car off? I assumed they auctioned the car off so they could get more money out of you. Did your lease say that if you defaulted on the lease they would auction the car?

[jtindisguise]

So I met with an attorney today. He was an uninterested @ss. He told me to pay my bills to avoid these things. He gave me options; three of them... 1) file BK, 2) answer complaint and prolong the inevitable wage garnishment, 3) make payment arrangements.

BigBoy2U... impressive link. The steps involved may be a bit much for me to handle. I have another to consult with before I do anything else.

[getmeoutofhere]

lawsuit

I am going thru the same sort of process now with Citibank. They hired a local attorney to sue me for a CC bill. I had 20 days from the date of service (not including the day of service) to file a response. I denied each and every claming either with a general denial or lack for knowledge denial. The attorney in all of his glory still filed a motion for summary judgement (I waited until day 19 to file my response). Of course it was denied, costing him money. Now, we wait for a trial date and I will nail them with discovery. I am in Arizona as well...not an attorney, just an ordinary joe trying to get thru.