Thursday, November 15, 2007

how to answer a summons

Ginger,
There should be advice on the summons that you have 20 days to respond, do not avoid this or they will win by default. You need to either contact a lawyer or do it yourself.

You can answer the summons by typing up a front page just as they have, only reverse the information putting you first as the defendant of course. Then on a second page. number and answer to each allegation. For example.

on theirs:

1. XXXXX is an adult that lives at 1234 dillyduck lane, wayward NJ

Your response would be:

1. Yes, XXXX is an adult who lives at yada, yada, yada

The lawyer I consulted told me that only to confirm or deny each number.

their statement:
6. XXXX owes plaintiff X amount of money, with 6% interest, yada yada

my response
6. Denied

(reason, I did not ever enter into a contract with the collection agency, they are not the original lender)

I then filed it with the prothanotary office that the case has been filed in. Make sure you put your signature block, just like they did. You are more or less, reversing the document on them and filing your answer. You must do it with in 20 days or loose by default. Most people blow it off and lose that way and they get a default judgement.

I am waiting on a response from them now. This suing started back in December and I have yet to get a court date, I have all my ammo and am ready to go, wish they would hurry up already, getting bored with the whole mess.
_________________
Working my way out of this debt, one day at a time!

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