Filing an answer in writing for summons

[thatjennchick]

What is the name of your state (only U.S. law)? Arizona
My husband was served a summons on Monday for an outstanding debt he has. The summons states he must "appear and defend by filing an answer in writing in the office of the cleark of court, east mesa justice court, and pay the necessary filing fee. Can someone please tell me what kind of "answer" they are looking for? Any idea about the filing fee?

[Johnny O]

They are not looking for any answer. If you dont answer they will get a default judgment against you. You need to answer the summons, do you have any defense. Is this debt yours or are you denying its yours. When was the last payment made is it out of the Statute of Limtations. You might want to consult an attorney, or if you can pay the debt call the debtor and work something out before court. GL

[Chien]

(I think this is somewhat backwards but nonetheless . . . .)

A call to the Court can tell you the filing fee. It may be dependent on the amount in contention (bigger fees for bigger suits). If the cost of filing is a hardship in itself, ask if you would qualify for a “fee waiver”.

An Answer comes in two flavors: a General Denial and a line-by-line response. A General Denial is easier and, if one is permitted, there is likely to be a court form that can be used. Again, ask the court clerks. They can’t legally give you advice on completing the form, but they are allowed to tell you if one can be used. The alternative is a response to each allegation, probably admitting some (eg. your name) and denying others. Here is an example. It’s from another state but can be adapted. Follow the format of the Complaint.
[url]http://www.lectlaw.com/forms/f016.htm[/url]
Post back with any questions after reading this.

Now to the heart of the matter. Think about Johnny’s question about having a defense. You don’t give enough information for anyone to venture a guess, much less advice, but, if it’s a valid obligation, the suit is timely and there is no defense, it does make a lot of sense to contact the creditor and see if a mutually-workable payment plan can be crafted. Your objective is to avoid a judgment. There is much on this site about “settlement” and “negotiation”; use the “search” function. Again, post back when you need to.