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answer to summons  
Old 06-06-2009, 09:46 AM   #1
ben
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I have read the thread "just got summons" and I have an idea how to answer my summons, but would love any help you can offer.
I have been summoned to state court to answer a complaint by an OC on a purchase made last year before my whole financial life exploded--bankruptcy is probable by this fall, but I still want to buy time just in case I can recover. I believe I should answer most everything in the "without knowledge" manner that debtor did--is that right? I don't think I have any basis to fight the claim, but I don't know that I should affirm anything other than name and address. . . then, do I offer any response to their DEMANDS section?
This is essentially the summons:
(First page, just lists parties and requirement to file answer with clerk of court)
CLAIMS
1. Defendant resides in this county and/or signed contract in this county. . .(affirm)
2. Def entered into contract with plantiff (without knowledge)
3. Def has defaulted (without knowledge)
4. Amount due and owing plantiff is $11,000 plus interest of $3000 as of 4-29-09 at
21% per annum (without knowledge)
5. Plantiff may be entitled to recover atty fees as provided in contract. In event def.
fails to respong and default is entered, plantiff may seed atty fees in ammt of $775
(without knowledge)
6. plantiff may also be entitled to add'l atty fees for post judgment serviced in
accordance with applicable law. (without knowledge)
7. Further, equity requires defendant to pay the value of benefits received. (without
knowledge)

DEMAND:
A. For damages in amt of $11000 plus accrued interest of $3000 to 4-29-09 at 21%
per annum
B. For additional interest from 4-29-09 until amounts due are paid at rate of 21% per
annum
C. For reasonable atty fees in amt of $775
D. $0 Collection costs allowed by parties agreement
E. For post-judgement atty fees in accordance with applicable law
F. For costs of both prejudgment and postjudgment
G. Any other relief the court deems just and equitable.

Let me know if you see anything that I should know or do--I don't know what plausible defenses I would even have, so I figured I would just answer and leave it at that. I have until June 17 to answer.
Thanks for any help you have. . .
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Re: answer to summons  
Old 06-06-2009, 10:07 PM   #2
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If you entered into a contract with the OC, the OC is probably going to have copies of that documentation.

Unless you are expecting some sort of windfall, you should know by know if you can recover.

The Court allows you a specified time to file an Answer. If you think you are going to file bankruptcy, now is the time to seek legal counsel and start preparing. There are a number of hoops you will need to jump through.
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Re: answer to summons  
Old 06-07-2009, 12:16 AM   #3
ben
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I have been preparing for bankruptcy, but there are still several business and real estate matters that need sorted out first. I have to answer this by June 17--months before I will file. Do you think I should affirm the claims? They are probably correct, but I won't have access to my records until the end of June. I was under the impression you should not affirm anything except name and address. Thanks for the answers, this is all new to me!
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Re: answer to summons  
Old 06-07-2009, 06:31 AM   #4
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You must answer each question truthfully. Filing an Answer is just the beginning. You should seek legal counsel.
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The information and materials in this document are provided for general information purposes only and are not intended to constitute legal, accounting or tax advice or opinions on any specific matters. Laws and regulations change frequently and their application can vary widely based upon the specific facts and circumstances involved. You are responsible for the applicability and accuracy of Information as it relates to your specific situation.
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