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CREDITWRENCH-TheTruth

This blog is dedicated to illustrating the depths of depravity to debt collectors and their cronies who infest various message boards spewing their spam, insults and filth can and do sink. They will stop at nothing to berate others while trying to elevate their own perceived worth.

Thursday, February 21, 2008

answering a summon

Question: I was served a summons recently. This was from a collection agency being represented by a law firm. There isn't a court date on this summons. There is only a statement saying I have 14 days to respond with my answer. I did call the small claims court clerk and was told that a court date would be set after they received my answer if I was denying responsibility of this debt.

My problem is that I don't know exactly what this debt is about. I do have a couple of unpaid credit cards from the past and this matter more than likely relates to one of them, but I don't know which one it would be. I don't recognize the dollar amount being asked for; but I am well aware the original amount could have easily doubled by interest fees, etc. My question is on what to say in my answer.
Why answser at all? Respond to the summons instead with a demand for more definitive statements. How to do that can be found at demand for more definitive statements.

I know to deny but the paper says I must put a reason if I deny this. Do I put a statement saying I deny this due to insufficient evidence that I owe this? How do I go about getting the information about exactly what this lawsuit is about?
You simply state in your demand for more definitive statements that you have no idea what this matter is about and demand that they inform you who it is that you allegedly owe the debt to.

When I send the defendants lawyer my answer to the summons, do I ask him in that letter? Or do I send him a copy of the summons answer that I file with the court and send him an additional letter asking for more information about this.
You must send the plaintiff's lawyer a copy of anything you file with the court by certified mail return receipt requested. Don't send him anything you didn't file in court unless you are demading interrogatories, admissions and production of documents. Those are never filed in court.

Also, Ive read something about discovery and it starts after I've filed my answer to this complaint. Is this something I initiate on my own, or do I have to file something with the courts to do this?

There are 5 discovery tools at your disposal. The first is known as interrogatories, the second is known as demand for admissions, the third is known as demand for production of documents, depositions and Subpoenas such as Subpoena Duces Tecum and other court orders. This is discussed about half way down in the following widget.




Thank you in advance for any and all help you can give me.
This is only a small part of what you must know in order to properly defend against a lawsuit. That is why it is important to become a creditwrench students. My students learn this kind of stuff very quickly. You can become a creditwrench student by calling 405-684-9297 or 405-227-9423. Learn how to win without lawyers.