Complaint-Was answering to the Clerk enough?

[merime]

I received a complaint summons on June 13, 2010. I was supposed to answer the summons and send a copy to Citicards attorney and the Clerk of Superior Court. I had my husband make copies and sent the answers. I called the attorney yesterday, and they have no record of receiving the summons. Iam terrified that they never got it. Their receptionist pulled up my name and said the court house had not got back to them and they may be running behind?? I decided to make another copy and send it to the lawyer. I don't want to be in contempt of court. This is all new to me , please help. Thank you!!

[justbroke]

I'm guessing that you didn't send the response and the copy (for filing with the court) by any certified means (U.S. Mail certified with receipt requested, FedEx, UPS, etc). You would have filed a certificate of service with the Court indicating that you placed it in the mail.

Placing it in the mail in most jurisdictions is sufficiently deemed "service"... meaning you don't have to guarantee delivery. Did you file the certificate of service for your Answer with the Court? You may want to check with the Clerk of the Court to see if they Filed the answer yet.

[merime]

I had my husband copy and mail copies. I was so upset and literally catatonic at the time of the serving that I allowed him to handle it. Yes, he sent it delivery confirmation. I avoided thinking of the subject for a few weeks until yesterday. I started to think why I had not heard anything , which led me to calling the lawyer. I called my husband ,(who is away ), and he said he never checked for delivery confirmation and would look for the reciept Friday when he gets home. I know I was stupid for not handling it myself. The lawyer did say that they had not heard from the courts about a trial date. I went to courts website and think i may actually have to go to the courthouse and look for it myself. They gave a room number. Thank you so much for the reply. I feel so scared these days. Afraid I will end up in jail, for not answering in time.

[justbroke]

You won't end up in jail for not answering a complaint. You would only end up in jail for contempt of court. Since answering a complaint is not even required, it's not contempt of court. So, you won't be arrested for failure to answer.

From what you write, you should be in good shape even if the delivery confirmation was only "stamped" by the post office... it would indicate that it was sent.

[merime]

Thanks! I read this artical on AOL monday on people getting arrested for collections. I guess it just scared me out of my mind.

[justbroke]

Thanks! I read this artical on AOL monday on people getting arrested for collections. I guess it just scared me out of my mind.

They weren't arrested for collections or for not paying. They were arrested on a warrant because they failed to follow a court order and/or failed to appear. There are a few threads on this BKForum which address this issue.

[merime]

I have also read that some people miss their court dates because they are unaware of them. I am being so careful with my mail, waiting for a reply. I think Iam ok because the lawfirm said they had not heard from the court. I assume I would be informed of a court date through their firm. I appreciate the advice.

[treehugger1]

Don't count on the plaintiff's attorney notifying you of any pending court dates or hearing dates. In many states, the court will notify you of any pending hearings. To be on the safe side, check with the court where you were sued, now and then..