How Do I File an Answer in Writing With Court Clerk

[ROBNPHX]

I was served today by an officer of the Justice Court of the State of Arizona, Maricopa County. I am being summoned and required to serve the Plaintiff's attorney an answer to the complaint (a bank debt) within 20 days. If I don't appear or defend within that time, judgment by default will no doubt be demanded.

The Plaintiff's attorney is cautioning me that in order to appear and defend, I must file an "Answer or other proper response in writing with the Clerk of this Court, accompanied by the necesary filing fees, within the time required..." etc, etc. Problem is, after navigating the Maricopa County Justice Court website, I'm even more confused than ever. I can't afford an attorney, but I would like to appear in court in order to explain the circumstances regarding why I've been unable to repay the debt. I would even consider seeking arbitration, but I have no idea how to fill out the required forms necessary to take the next step.

Any advice would be greatly appreciated.

 

[sandyclaus]

I was served today by an officer of the Justice Court of the State of Arizona, Maricopa County. I am being summoned and required to serve the Plaintiff's attorney an answer to the complaint (a bank debt) within 20 days. If I don't appear or defend within that time, judgment by default will no doubt be demanded.

The Plaintiff's attorney is cautioning me that in order to appear and defend, I must file an "Answer or other proper response in writing with the Clerk of this Court, accompanied by the necesary filing fees, within the time required..." etc, etc. Problem is, after navigating the Maricopa County Justice Court website, I'm even more confused than ever. I can't afford an attorney, but I would like to appear in court in order to explain the circumstances regarding why I've been unable to repay the debt. I would even consider seeking arbitration, but I have no idea how to fill out the required forms necessary to take the next step.

Any advice would be greatly appreciated.

There are no specific forms that you can fill out that meet the requirements. To file an answer basically means to file your written response to their complaint, and the Clerk of the Court is the office that handles receiving the filings for the Court in this situation.

Legal paperwork is very confusing, especially if you have no idea what you are doing. You really do need the assistance of an attorney to help you understand the process, and/or prepare and write up your answer/response to this lawsuit. If you do not do it correctly, or at all, its very likely you will lose the suit and the other side will end up with a default judgment against you.

 

[Zigner]

...but I would like to appear in court in order to explain the circumstances regarding why I've been unable to repay the debt.

The circumstances behind your failure to pay a VALID debt will have no relevance in court.

 

[Rexlan]

There isn't anything to arbitrate. You either owe the debt or you do not. If you do then pay it or have judgment entered against you.

If you do not owe the debt you can writs something as simple as "denied" on an envelope with the case number and hand it to the clerk as your "response".

 

[wrongsometimes]

I was served today by an officer of the Justice Court of the State of Arizona, Maricopa County. I am being summoned and required to serve the Plaintiff's attorney an answer to the complaint (a bank debt) within 20 days. If I don't appear or defend within that time, judgment by default will no doubt be demanded.

The Plaintiff's attorney is cautioning me that in order to appear and defend, I must file an "Answer or other proper response in writing with the Clerk of this Court, accompanied by the necesary filing fees, within the time required..." etc, etc. Problem is, after navigating the Maricopa County Justice Court website, I'm even more confused than ever. I can't afford an attorney, but I would like to appear in court in order to explain the circumstances regarding why I've been unable to repay the debt. I would even consider seeking arbitration, but I have no idea how to fill out the required forms necessary to take the next step.

Any advice would be greatly appreciated.

You do need to file a response..be it a request to revise, motion to strike (any part of the complaint -- if they are asking for attny fees this is a good one .. a request for an extension of time to answer (if allowed--call or visit the clerk ) or an answer with any affirmative or special defenses as well as any possible counterclaim. How to file is governed by the court rules so call up the court and ask if they have a public legal library to go use -- also go and see other case filings and you should be able to figure out what response you wish to file... and an appearance-the clerk should have forms for this I would think