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Received a summons today for AC breach of contract...

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  • InDebtNeedHelp
    replied
    Thank you.


    Originally posted by justbroke View Post
    How you file an answer is procedural and specific to the Jurisdiction under which the complaint was filed. Please know, that in some Jurisdictions, the cost to answer the complaint is $200 (I think that's how much they charge in California). I don't know the charges for Missouri, nor do I know Missouri District Court Procedures.

    Hopefully you find someone who can help, or try Legal Aid for your area to see. I wouldn't even begin to guess how an Answer to a Complaint needs to be filed and served in Missouri.

    Leave a comment:


  • justbroke
    replied
    Originally posted by InDebtNeedHelp View Post
    Yes, I have read this numerous times in several threads. What exactly does it mean, though. How do I file and answer? How do I oppose any motions they file? What exactly does this mean, and how do I do it? THANK YOU!!!
    How you file an answer is procedural and specific to the Jurisdiction under which the complaint was filed. Please know, that in some Jurisdictions, the cost to answer the complaint is $200 (I think that's how much they charge in California). I don't know the charges for Missouri, nor do I know Missouri District Court Procedures.

    Hopefully you find someone who can help, or try Legal Aid for your area to see. I wouldn't even begin to guess how an Answer to a Complaint needs to be filed and served in Missouri.

    Leave a comment:


  • InDebtNeedHelp
    replied
    Yes, I have read this numerous times in several threads. What exactly does it mean, though. How do I file and answer? How do I oppose any motions they file? What exactly does this mean, and how do I do it? THANK YOU!!!


    Originally posted by music12 View Post
    try the local legal aid. maybe they'll take your case or at least give you some advice. in any event, you can certainly delay the judgment by filing an answer and opposing any motions they file. you can probably buy at least a couple of months.

    Leave a comment:


  • music12
    replied
    try the local legal aid. maybe they'll take your case or at least give you some advice. in any event, you can certainly delay the judgment by filing an answer and opposing any motions they file. you can probably buy at least a couple of months.

    Leave a comment:


  • InDebtNeedHelp
    replied
    I have no money for a lawyer. I rent my house. I owe 64 more months on my car.

    Right now, I just need to know how to respond to the summons to but myself more time. I am reading the forums, and people say to answer the summons. I have no idea what this means. I am looking for a link that will answer these questions. Thanks.


    Originally posted by justbroke View Post
    Unfortunately, you may need money to do so. (Pun intended)

    You have absolutely no money? Are you paying on other unsecured debt (credit cards)? Are you going to be surrendering property like a house or car in the Bankruptcy?

    These are pre-planning things that you need to know and are sources of money for filing. Please read some more on the forum and see what others have done in situations where they had no money.

    Again, we're happy to answer questions.

    Leave a comment:


  • justbroke
    replied
    Originally posted by InDebtNeedHelp View Post
    I just need to know how to buy some time.
    Unfortunately, you may need money to do so. (Pun intended)

    You have absolutely no money? Are you paying on other unsecured debt (credit cards)? Are you going to be surrendering property like a house or car in the Bankruptcy?

    These are pre-planning things that you need to know and are sources of money for filing. Please read some more on the forum and see what others have done in situations where they had no money.

    Again, we're happy to answer questions.

    Leave a comment:


  • klandsb
    replied
    I was served the first summons by the sheriff approx 3 wks ago to respond in 20 days. I took my response to the pothontary at the court house. She gave me response forms in case I needed them in the future . (maybe she knew something I didnt .. anyway this past Monday I received some papers back from the original collection thugs and now have an additonal 30 days. So you can buy some time but that seems to go quickly..

    Leave a comment:


  • InDebtNeedHelp
    replied
    Not enough money for a lawyer. That is not an option. I could sell a few things and come up with $300. I am going to file chapter 7 on my own, for sure. I just need to know how to buy some time.

    Originally posted by music12 View Post
    my advice: get a lawyer. mine was on the expensive side, $2500, and was worth every penny. most range around $1000 to $1,500 (there is a thread on bk fees). it sounds like you have not yet done enough research and right now time does not seem to be on your side, unless you are collection proof (i.e. no money in the bank and no salary to garnish).

    Leave a comment:


  • music12
    replied
    my advice: get a lawyer. mine was on the expensive side, $2500, and was worth every penny. most range around $1000 to $1,500 (there is a thread on bk fees). it sounds like you have not yet done enough research and right now time does not seem to be on your side, unless you are collection proof (i.e. no money in the bank and no salary to garnish).

    Leave a comment:


  • 2manybills
    replied
    there are regular civil forms there. You will be able to find info on handling a case.

    Leave a comment:


  • InDebtNeedHelp
    replied
    This is not small claims. Thank you for your work, though. I appreciate it.


    Originally posted by 2manybills View Post
    I have PM'd and given you a link to the Missouri State Court website. I am in Cali and am not familiar with your Court's rules. If this is a small claims, there is some easy forms on your site.

    Leave a comment:


  • 2manybills
    replied
    I have PM'd and given you a link to the Missouri State Court website. I am in Cali and am not familiar with your Court's rules. If this is a small claims, there is some easy forms on your site.

    Leave a comment:


  • InDebtNeedHelp
    replied
    What should I answer to the complaint? Can you provide a link to more information?

    Originally posted by 2manybills View Post
    You can go to the website for your local court and get a form answer to the complaint.

    That will give you another 30 to 60 days after that. But I would get your ducks in a row to file, because once they get a judgment, they can attach wages, bank accounts, etc. depending on your State's civil litigation laws.

    The summons should have on it how many days you have to file a responsive pleading. That will tell you when your answer has to be filed.

    Leave a comment:


  • 2manybills
    replied
    You can go to the website for your local court and get a form answer to the complaint.

    That will give you another 30 to 60 days after that. But I would get your ducks in a row to file, because once they get a judgment, they can attach wages, bank accounts, etc. depending on your State's civil litigation laws.

    The summons should have on it how many days you have to file a responsive pleading. That will tell you when your answer has to be filed.

    Leave a comment:


  • InDebtNeedHelp
    replied
    Thank you. Anyone else have any advice?

    Originally posted by justbroke View Post
    You should really go get the NoLo Book on filing Chapter 7 Pro Se. There is a coupon code located somewhere on the board, and your total price for the electronic book (PDF) will cost about $7.00 in total. That's just to start and to get you familiar with the process.

    There is all sorts of information on this board as well. Please take your time to get familiar with the process, terms, lingo, procedure and don't try to do this without at least the NoLo book. Once you have that and have learned a few things... come back and ask some questions in the Pro Se forum.

    Leave a comment:

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