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Answering FC Summons Point By Point?

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    Answering FC Summons Point By Point?

    I am in process of answering FC summons....The summons not only lists 7 numbered 'complaints' but many of the complaints have a sublist of 'A' thru 'L' or 'M' of more detailed complaints under each main numbered complaint.

    So, I'm wondering if I should address EACH individual sublist as well or just answer the seven overall numbered complaints (without referring to the sublist items?

    #2
    Originally posted by ryan View Post
    I am in process of answering FC summons....The summons not only lists 7 numbered 'complaints' but many of the complaints have a sublist of 'A' thru 'L' or 'M' of more detailed complaints under each main numbered complaint.

    So, I'm wondering if I should address EACH individual sublist as well or just answer the seven overall numbered complaints (without referring to the sublist items?
    Going through this currently myself (with 2 rental properties).... I asked the same thing when I got my 1st summons and got a fantastic question from someone back:

    "Is the complaint accurate?"

    If it's accurate and you're not disputing anything then no need to answer.... My situation "was what it was" and I hadn't been defrauded, etc, etc.... The complaint was accurate and valid.

    No need to answer if it's correct... 60 days later (or so) I got a letter that they had judged against me (no surprise since I didn't "answer" or attend the hearing)..... 6 weeks after that it went to sherrifs sale.... and that was Tuesday this week. There should be a confirmation hearing in 3 weeks and then we'll see when title gets transferred

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      #3
      Originally posted by jmc View Post
      Going through this currently myself (with 2 rental properties).... I asked the same thing when I got my 1st summons and got a fantastic question from someone back:

      "Is the complaint accurate?"

      If it's accurate and you're not disputing anything then no need to answer.... My situation "was what it was" and I hadn't been defrauded, etc, etc.... The complaint was accurate and valid.

      No need to answer if it's correct... 60 days later (or so) I got a letter that they had judged against me (no surprise since I didn't "answer" or attend the hearing)..... 6 weeks after that it went to sherrifs sale.... and that was Tuesday this week. There should be a confirmation hearing in 3 weeks and then we'll see when title gets transferred
      I think this is fine to not answer the complaint if you just plan on giving the home back and don't care about the timeline. But I need the few extra months I could get by answering the complaint even though the points are valid.

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        #4
        Good points, but I have specific contentions about parts of the complaint and do intend to answer it for that reason and because it may lengthen my stay in the property. (In my case this is not a rental ) I guess my question was more about 'form' than anything else.

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