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

[2manybills]

But keep in mind, that you can't file it with the court until the day you actually mail it. Because in your declaration of mailing your are declaring that you mailed a copy to opposing counsel on (such-in-such) a date, and that cannot be a date in the future.

Leave yourself plenty of time when filing with the Clerk. I know you want to buy more time, but make you then personally file it. We just had a case in my office where our answer was filed on the same date that the plaintiff's attorney filed a default. We were able to fix it, but we had to jump through some hoops to handle it. The court actually entered default that fast. So sometimes they move quicker than you want.

[InDebtNeedHelp]

Thanks.

i would mail it not earlier than 3 days before the deadline. that way you buy as much time as possible.

[music12]

i would mail it not earlier than 3 days before the deadline. that way you buy as much time as possible.

[2manybills]

Just make sure you put the attorney's information in the proof of service that you are sending the document to you.

How long ago were you served? If I were you I would deliver it to the courthouse personally for filing with the Clerk. That way, most importantly, you know it was filed timely and second if there is a problem, they will help you out while you are there and you can fix it.

As for the other attorney, you just drop a copy in the mail as you stated in your affidavit.

[InDebtNeedHelp]

Mailing an Answer to a Summons tomorrow See page 2 of this thread). Any other advice? Thanks in advance.

[2manybills]

Good. Then you should be good to go.

Good luck to you. I hope you can stall a judgment off until you have time to file.

[InDebtNeedHelp]

It does not say that.

The sample looks good. Just Broke is correct, you need to deny each and every paragraph, cause of action, etc.

Question: Does the complaint itself say: Verified complaint for damages. If it is, you must also sign a verification stating that you have verified it. I have a format that I will send to you that you can include in your answer.

I'm glad for you that there is no filing fee. We are up to $320 and $380 to respond to a complaint now here.

[2manybills]

The sample looks good. Just Broke is correct, you need to deny each and every paragraph, cause of action, etc.

Question: Does the complaint itself say: Verified complaint for damages. If it is, you must also sign a verification stating that you have verified it. I have a format that I will send to you that you can include in your answer.

I'm glad for you that there is no filing fee. We are up to $320 and $380 to respond to a complaint now here.

[InDebtNeedHelp]

Thanks. I will be sure to answer each paragraph.

I am glad that the Clerk said there's no charge! You're half way there! The biggest key to answering a complaint/summons, is to make sure you answer each and every paragraph in the Complaint. The sample you provide from this site (BKForum) is excellent.

[justbroke]

Per the county clerk, there is no charge to answer a summons in Missouri. Per the county clerk, there is no form to fill out; I must write my own answer to summons.

I am glad that the Clerk said there's no charge! You're half way there! The biggest key to answering a complaint/summons, is to make sure you answer each and every paragraph in the Complaint. The sample you provide from this site (BKForum) is excellent.

[InDebtNeedHelp]

Per the county clerk, there is no charge to answer a summons in Missouri.
Per the county clerk, there is no form to fill out; I must write my own answer to summons.

I will be using something similar to this and mailing the answer on Friday.

http://www.bkforum.com/showpost.php?p=286975&postcount=29

Any other advice? THANKS!!!

[2manybills]

There is a website for any of you that you can use for free for the entire US,

https://www.uscourtforms.com

They will let you pay for local forms in word format for your State or you can print the forms yourself for FREE and hand fill them in.

They have every State and Federal form that is available.

[justbroke]

Thank you.

Music12 is right though, there are example around and answering is pretty much going paragraph by paragraph (the numbered ones), either stipulating that it's correct, or denying it's correct. Then making a general statement about why the complaint should be denied.

Now, since you'd be doing it pro se the Court could be lenient on the formatting... or maybe not. However, you still need to see if there's a fee for filing a response. You may be able to go down to your courthouse or law library and look up other cases to see what the responses are like? That is how I learned in my District... lots of research.

[2manybills]

Indebthelp: The Missouri court website is where I led you to.

Music12 is correct. The form is basic denying each and every cause of action in the complaint in whole or in part as alleged by plaintiff.

California has a free website called "Judicial Council forms". They have basic forms although most attorneys don't use those for answers, you can get an idea of what lingo needs to be included.

Call the Court. Ask if there is a website for court forms. Clerk's of the Court are usually pretty helpful if you are pro se and know you need help and can't afford an attorney.

[music12]

the concept is not really very complicated. think about it: they filed a complaint. that means they submitted a document that claims that you owe them some amount of money that you had agreed to pay but didn't. your answer is a document that refutes their claim and demands that they prove that what they claimed is correct (something like saying "not guilty!", though this is a civil, not criminal, case). so for example, you can put a title on your answer that would be something like "answer to complaint". put the name of the case (that is, plaintiff's name vs. your name). then you say something like "i deny that what they say in par. x of the complaint is true" or "i don't know what they are talking about so i want them to show me."

many courts have sample answer forms. find them online even if not for your particular area because the idea is universal. or just go to the court and ask the clerk to see some case where somebody filed an answer. read their answer and you'll get an idea.