Summons Respond Time

[bigblok403]

I have received a document in regards to a debt. It was filed on June 16th and delivered to me on July 1st. It states I must respond within 20 days after service. Does this mean 20 days after the 16th or 20 days from when it was handed to me?

[garrula lingua]

Within 20 days from when it was handed (served) to you.

June 16th is the filing date
July 1st is the service date.

[bigblok403]

Thank You very much, I was getting worried.
Another Question, it says I must respond with a written answer, but nothing about what I am supposed to write about. Any Ideas?

[seniorjudge]

Originally Posted by bigblok403

Thank You very much, I was getting worried.
Another Question, it says I must respond with a written answer, but nothing about what I am supposed to write about. Any Ideas?

You are supposed to answer all those nasty things they said about you.

For example, it will say John Smith borrowed $10,000 dollars and refused to pay it back.

You answer, yeah, that's right. Or no, that's a big fat lie. Whatever.

[bigblok403]

Ok, so I write them a letter saying I did borrow X amount of dollars. The summons says if I don't respond, a default judgment will be entered against me. If I give them a letter, will I still have a judgment, or will they try and work out something with me?

[garrula lingua]

As SrJudge said, you must take each allegation and respond searately to each allegation: either admit, deny or do not know.

You didn't say your state. California has many judicial council forms covering various legal needs. In the 'General Legal' section, check out the 'General Denial' at
[url]http://www.courtinfo.ca.gov/cgi-bin/forms.cgi[/url]

You must respond to this - in writing, and in correct format. Depending on the court and the Judge, some areas are more sympathetic and lenient with pro-pers (self-represented litigants).

Your state is most important. It is requested from each poster, because the correct answer depends on where you are located (even courthouses can differ and have published Local Rules, as well as County Rules of Court). This CA form will (probably) not be accepted in another state. The general information will be common to most states (Louisiana is based on civil law and differs from other states).

So, Bigblok, I directed you to the Ca site as an example. Please don't take it as the answer to your problem and run with it, incorrectly. Check out the form, check with the court clerk in your local court. See if they sell their version of "Response to Civil Monetary Lawsuit -Debt" or somesuch. If they don't, then fashion your own Response, and either admit, ... deny, .. or state you do not know/have any info, ... for each allegation.
... and Good Luck.

[Ladynred]

No you do NOT write them a letter. You must answer each allegation in the same format as it was given to you.

You can find more info on how to Answer a Complaint here:

[url]http://www.legalhelp.org/public/answering_complaint.php[/url]

[bigblok403]

Ok, my state is NY. Here is what my letter says:
YOU ARE HEREBY SUMMONED AND REQUIRED to serve upon the plaintiff's attorney, at the address stated below, a written Answer to the attached Complaint.

It then shows my County and The Attorney for the plaintiff's address.

When it says at the address stated below, does that mean the attorney listed, or the actual court house. Im not very experienced in matters like this and I can't afford any kind of attorney. Thank you for all your help so far.

[Ladynred]

IT says you serve the Plaintiff's attorney ... send it to the given address.

[garrula lingua]

Bigblok, when you are sued, you are 'served' a copy of the Summons which states the party who is suing you (The plaintiff). The plaintiff is represented by a lawyer/law firm, so that address is listed for 'service' to the plaintiff. Your Response to the Summons must be filed, within 20 days of 'service' to you AT THE COURTHOUSE where the lawsuit is being heard.

In a lawsuit, the documents are filed in Court. Prior to filing any paperwork in Court, each party has to 'serve' the other party with the paperwork and submit the document to be filed at the Courthouse, with an attached, completed proof of service (statement showing you sent a copy to the opposing party). You and the plaintiff are not just exchanging letters, you are in a lawsuit - the Court is the arena.

Look at the form I pointed out earlier. It would have to be filed at the (CA) courthouse in which the case was filed, and note page two of the form (General Denial) - it is a proof of service which you would have to file with the court when you file your form/Response.

'Service' must be done by someone other than yourself - have a friend 'serve' the paperwork. NY's service rules are rather lenient - you will have to look them up or consult an atty. The easiest way for you to 'serve' the plaintiff, is have a competent, adult friend hand-carry a copy of the Response you will file at the Courthouse and give it to a responsible party (try for the lawyer) at the listed lawfirm for the plaintiff; get the name of the person who is accepting 'service', note the date, time, location, and name of the person served, and your adult friend completes the proof of service. You attach that and file it at the courthouse.

You must have duplicates; many courts require several copies, and you need one for your files (a copy stamped [conformed] by the clerk, proving you filed the paperwork & when.

Good luck.

[Darryl]

I am in Texas county of Denton.

I have to respond to a lawsuit just as this post however I am in Texas. Is there a preprinted legal form that I can utilize??

[garrula lingua]

Darryl, Start a new 'thread' with your question.

Make sure it's in the correct 'forum' - Debt Collection or Civil Lawsuits.

I hope you get the info you need from your own thread.