URGENT - Only 3 Days left to answer summons?? Need help with what to put in answer.

[ostrich]

I need help and advise on how to answer a summons.

We received received a summons almost a month ago and didn't realize that we must respond or get a default judgement. The debt is legitimate and the original debt is only $300. The debt is within the statue of limitatons in the state of California.

When the collection co called we asked for validation and sent a letter requesting validation. They responded with a threat to sue but never validated. Like idiots, we ignored it because we didn't think that they would actually sue for such a small amount.

We want to avoid the default judgement and need to know how to properly respond so that we can settle in January when some extra cash comes in. We only have until Wednesday to file the answer.

I've never dealt with this before.

1. Please give me some language to put on the answer. Is the failure to validate a ligitimate defense?
2. My husband got sued, and I'm not named. Can I file it for him or does he have to file it himself?
3. What form do I use to file the answer.

He wants to avoid a default judgement and buy time to settle prior to the scheduled court date in March.

[Qtip]

Quote:

Originally Posted by ostrich I need help and advise on how to answer a summons. We received received a summons almost a month ago and didn't realize that we must respond or get a default judgement. The debt is legitimate and the original debt is only $300. The debt is within the statue of limitatons in the state of California. When the collection co called we asked for validation and sent a letter requesting validation. They responded with a threat to sue but never validated. Like idiots, we ignored it because we didn't think that they would actually sue for such a small amount. We want to avoid the default judgement and need to know how to properly respond so that we can settle in January when some extra cash comes in. We only have until Wednesday to file the answer. I've never dealt with this before. 1. Please give me some language to put on the answer. Is the failure to validate a ligitimate defense? 2. My husband got sued, and I'm not named. Can I file it for him or does he have to file it himself? 3. What form do I use to file the answer. He wants to avoid a default judgement and buy time to settle prior to the scheduled court date in March.

What state are you in? Did they sue you in small claims? "I am assuming that but just want to make sure".

[ostrich]

I'm in California.

It must be small claims court but it doesn't look like it.

It says this is a "collections" case and wil be seen by the judge specialize in collections.

[jlynn]

I can't help with the legal stuff, except to say, although you can help hubby with the paperwork and stuff, he needs to be fully posted of what goes on. If he has to make an appearance he will have to do it. You can't represent him unless you are an attorney.


Who is suing you?
How old is the debt? - When was the last time you made a payment on it.
What kind of debt is it?

Need to know that to develop answers.

[Enigma]

List the elements plead for in the complaint.

[ostrich]

The Plantiff is Acclaim Credit Technologies out of Valejo, on behalf of Valero Gas Card.

Last payment was made in I think February when my husband was laid off.

This is a superior court filing, not small claims court.
It's a credit card debt.

Enigma, I don't know what you mean when you say "list the elements plead for in the case".



__________________________________________________ __________


I edited the thread to remove identifiable information. We need info, but for your protection; please do not know especifics. Such as Exact amount owed, account numbers and other information that someone could use to track you and match you to the sudo name.


Thanks,


Qtip

[jlynn]

Quote:

Originally Posted by ostrich Enigma, I don't know what you mean when you say "list the elements plead for in the case".

The facts they lay out in their complaint before asking for relief (judgment).

They can be important and used to your advantage, especially if they pled wrong.

[Qtip]

Quote:

Originally Posted by ostrich The Plantiff is Acclaim Credit Technologies out of Valejo, on behalf of Valero Gas Card. Last payment was made in I think February when my husband was laid off. This is a superior court filing, not small claims court. It's a credit card debt. Enigma, I don't know what you mean when you say "list the elements plead for in the case". __________________________________________________ __________ I edited the thread to remove identifiable information. We need info, but for your protection; please do not know especifics. Such as Exact amount owed, account numbers and other information that someone could use to track you and match you to the sudo name. Thanks, Qtip

As Jlynn stated, if you are able to type their complaint here, removing the personal identifiable information. Or you could scan the complaint, make sure again to blank out identifiable info and attach same to the thread.

[Enigma]

What is the total being asked for?

Is this a personal account or business?

[Enigma]

In general, you will;

1. Affirm,
2. Deny, or
3. Defendant is without information or knowledge sufficient to form an opinion as to the truth or accuracy of the allegations contained in this paragraph and based on that denies and generally and specifically each and every allegation contained herein and demands strict proof.

Then comes the section for Affirmative Defenses followed by Counter-claim(s).

[ostrich]

Thanks everyone, what I dont' understand is what section I need to affirm or deny. Do I need to reply to the Cause of Action too? My scanner isn't working so I retyped as attached:

thanks guys.

[bobdole369]

I'm no lawyer - but I would avoid answering any of those.

Defendant is without information or knowledge sufficient to form an opinion as to the truth or accuracy of the allegations contained in this paragraph and based on that denies and generally and specifically each and every allegation contained herein and demands strict proof.

You can repeat it for every single one.

Follow the same format in the header. Label yours "Answer to Complaint".

Comes now the defendant and files this Answer to Complaint filed against them and states as follows:

1. Defendant is without information or knowledge sufficient to form an opinion as to the truth or accuracy of the allegations contained in this paragraph and based on that denies and generally and specifically each and every allegation contained herein and demands strict proof.

2. Defendant is without information or knowledge sufficient to form an opinion as to the truth or accuracy of the allegations contained in this paragraph and based on that denies and generally and specifically each and every allegation contained herein and demands strict proof.

3. Defendant is without information or knowledge sufficient to form an opinion as to the truth or accuracy of the allegations contained in this paragraph and based on that denies and generally and specifically each and every allegation contained herein and demands strict proof.

etc.

[bobdole369]

Arkansas Legal Services Partnership gave up:

http://m47080.kaivo.com/Data/Documen...rary=PublicWeb

Which helped me out a lot with an answer to a summons. Don't take the linked document literally. Use it as a tool and remember that the complaint is to build a case against you. Your job is to tear down those assertions, and no you don't necessarily have to respond to the cause of action.