• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

What happens after I answer a summons?

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

Minnesota

I'll try to keep this simply.

I received a civil summons. I answered the summons. The opposing attorneys replied to my summons. I sent them an amended answer with a response to their reply.

The opposing attorneys have a reputation for receiving summary judgments.

My answer had several valid affirmative defenses.

As of right now, there is nothing at the court administrators office concerning this case.

What is the likelihood of them attempting to get a summary judgment even though I answered their summons? Are summary judgments easy to obtain when the defending party has properly answered the summons? Will I be notified if they attempt to get a summary judgment?
 


You Are Guilty

Senior Member
minnesotakent said:
What is the likelihood of them attempting to get a summary judgment even though I answered their summons?

Are summary judgments easy to obtain when the defending party has properly
answered the summons?

Will I be notified if they attempt to get a summary judgment?
1. Hard to tell, my crystal ball rolled under the couch.

2. Obtain? Yes. Win? Sometimes.

3. If they don't notify you, they can't prevail, so I would very much expect them to send you a copy if they do file.
 
S

seniorjudge

Guest
minnesotakent said:
...As of right now, there is nothing at the court administrators office concerning this case....
You need to find out more about the status of this case or you will wind up losing all your rights (if any).

It's time to go to the courthouse and look over this file.

Take all the copies of the documentation of the stuff you got and the stuff you sent and show it to the clerk. You need to look at that file.
 
There is no information the court administrators office

I went to the court house. They have no records of this case. In my correspondence with the plaintiff's attorneys they have left the case number blank on their forms.

They have my county on their correspondence. However, when they mailed their response to me, they included a form that indicated I had been served by mail. That form listed a county that is about 100 miles from where I live. It is the county where their office is located.

I called the court administrators office in their county, but they would not give me any information over the phone.

Can they sue me in their county, or does it have to be my county?
 
S

seniorjudge

Guest
"...Can they sue me in their county, or does it have to be my county?..."

I don't know anything about the venue statutes in your state so I cannot tell you.

Did you do business with them in that county?
 
minnesotakent said:
What is the likelihood of them attempting to get a summary judgment even though I answered their summons?
First of all, I'm not sure what you mean by "answer[ing] their summons. How did you answer it? I say that because your obligation is to answer the complaint, not the summons. And that could involve a very detailed response beyond many lay people.

Maybe you're talking about a default judgment instead of a summary judgment. But if your'e talking about a summary judgment, there's no way of telling. It depends on the issues raised in their complaint, your answer and affirmative defenses, and the evidence.

*************************************
Will I be notified if they attempt to get a summary judgment?[/QUOTE]

Until you have an attorney, they have to provide you copy of every motion they file in court. If you have an attorney, then they have to notify him/her and provide him/her copies. It's extremely (and I mean extremely) rare they can file things and get them heard ex parte.
 
minnesotakent said:
I went to the court house. They have no records of this case. In my correspondence with the plaintiff's attorneys they have left the case number blank on their forms.

They have my county on their correspondence. However, when they mailed their response to me, they included a form that indicated I had been served by mail. That form listed a county that is about 100 miles from where I live. It is the county where their office is located.

I called the court administrators office in their county, but they would not give me any information over the phone.

Can they sue me in their county, or does it have to be my county?
Depends on the jurisdiction, but in many when a case is initiated the cause (or case) number is left blank and the clerk fills it.

It could well be that the case is so new, it's not in the computer yet.

Jurisdiction depends on a number of facts.
 
more information

A little clarification:

My answer was to the complaint. I answered each of the paragraphs with, "Answering paragraph x, defendant is without sufficient information or belief to admit or deny the allegations in this paragraph. Based on this lack of information or belief, defendant denies the allegations"

I then listed 9 affirmative defenses.

This law firm specializes in default judgments. I mistakingly called it a summary judgment.

The law firm's business practices can be looked at at these two websites:

http://www.ag.state.mn.us/consumer/PR/PR_041221MesserliKramer.htm

and

http://www.lawpoint.com/adobe_files/Resler v. Messerli - Kramer P.A. 03-00932.pdf
 

stephenk

Senior Member
How were you able to file your Answer if you don't have a case number? How were you able to pay the filing fee without a case number?

You are leaving out important information.
 
more information

My answer went directly to their attorneys. Until the case is actually filed with the court, according to Minnesota law, I must answer directly to the Plaintiff. If I do not answer the complaint, they can get a default judgment. According to the articles I have posted, this law firm has a reputation for lieing in court and saying they never received an answer.

Once they actually file a case with a court, then I need to add my papers to the file ASAP.


Here is more:

http://www.startribune.com/stories/587/5149807.html

and

http://www.startribune.com/stories/587/5149818.html
 
My concern is that I will end up with a judgment against me without even being allowed to defend my myself in court.


What is the likelihood of them attempting to get a default judgment even though I answered their complaint?

Are default judgments easy to obtain when the defending party has properly answered the complaint?

Will I be notified if they attempt to get a default judgment?
 
S

seniorjudge

Guest
It's up to you to go to the courthouse and make sure you get your day in court.
 
I now have a judgment against me

I just found out that a default judgment was entered against me earlier this week. I had been going to the court administrators office every few days for the last 2 weeks. There was no record of this case until the judgment was entered.

I never received my day in court. I answered the complaint. I followed all of the necessary steps and I still never had my day in court. I am amazed that the other party received the judgment and I never had a chance to defend myself.

The links I provided in my earlier posts describe the tactics used by this law firm.

What are my legal options? Can I appeal the judgment? When can they start removing money from bank account?
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top