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

[klandsb]

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..

[justbroke]

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.

[InDebtNeedHelp]

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.

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.

[music12]

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.

[InDebtNeedHelp]

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!!!

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.

[justbroke]

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.

[InDebtNeedHelp]

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.

[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.

[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.

[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]

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.

[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!!!

[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]

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.

[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.