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

[InDebtNeedHelp]

Thanks! Will revise.

as to par 2, i think you should say you lack knowledge etc. for that too. otherwise, it's inconsistent with your answer to par 3,4,5,6, and if i were that creditor the first thing i would say is: he admits he borrowed from us! and hey, that's the most important thing.

then they'll put the burden of proof on you to show that what you admit you borrowed in par. 2 was different from what they say you borrowed in par 3-6. they could even say they have no record of anything else having been borrowed by you from them, thereby proving you owe what they say you owe.

so i wouldn't admit to par 2 either.

[music12]

as to par 2, i think you should say you lack knowledge etc. for that too. otherwise, it's inconsistent with your answer to par 3,4,5,6, and if i were that creditor the first thing i would say is: he admits he borrowed from us! and hey, that's the most important thing.

then they'll put the burden of proof on you to show that what you admit you borrowed in par. 2 was different from what they say you borrowed in par 3-6. they could even say they have no record of anything else having been borrowed by you from them, thereby proving you owe what they say you owe.

so i wouldn't admit to par 2 either.

[InDebtNeedHelp]

[InDebtNeedHelp]

Thanks. Revised.

Also, included in your last paragraph should be something to the effect:

WHEREFORE, defendant prays that plaintiff take nothing by way of this suit, for costs of suit incurred herein and -------- ** the rest of what you have. Your final paragraph should always include that you are requesting that they are awarded nothing.

[2manybills]

Also, included in your last paragraph should be something to the effect:

WHEREFORE, defendant prays that plaintiff take nothing by way of this suit, for costs of suit incurred herein and -------- ** the rest of what you have. Your final paragraph should always include that you are requesting that they are awarded nothing.

[InDebtNeedHelp]

1. Where I live.
2. I borrowed monies from the Defendant.

by the way, what is it that you are admitting to in par 1 and 2?

[InDebtNeedHelp]

I will revise. Thank you for the input. I couldn't have done it without this website. I was clueless, but now I am getting some semblance of a clue. Knowledge is power.

other than my comments above, i think it sounds really good! see, you went from saying you were completely clueless to writing a great answer! hooray!

[InDebtNeedHelp]

Thank you!

Very Nice!

[music12]

by the way, what is it that you are admitting to in par 1 and 2?

[music12]

My Answer to Summons is written and ready to file. I am happy with how it turned out. Thank you for all of the help.

Here is the body of my Answer to Summons:

ANSWER

1. Defendant specifically admits the allegations contained in Paragraph 1 of the Complaint filed here against him.

2. Defendant specifically admits the allegations contained in Paragraph 2 of the Complaint filed here against him.

3. Defendant lacks knowledge or information sufficient to form an opinion as to the truth and accuracy of the statement in Paragraph 3. For example, the credit card agreement submitted, as it has no signature or other means of verification. For example, no details concerning how the interest and fees listed in Paragraph 6 were calculated.
I would stop after the first sentence. the second and third sentences give more information than is required. i don't think you haveto explain why you lack knowledge.


4. Defendant lacks knowledge or information sufficient to form an opinion as to the truth and accuracy of the credit card agreement submitted (as stated in Paragraph 4), as it has no signature or other means of verification.
Same comment as before - you don't have to explain why, i.e. you don't have to explain that the reason is lack of signature, because what if you come up with another reason later? if you don't explain now, you are essentially reserving the right to explain later.I would take out the stuff in parenthesis.[I would add: "if any"],how the total debt amount was calculated, all fees, charges and interest accounted for, as well as the original agreement "if any"actually entered into.

other than my comments above, i think it sounds really good! see, you went from saying you were completely clueless to writing a great answer! hooray!

[justbroke]

Very Nice!

[InDebtNeedHelp]

[InDebtNeedHelp]

Thanks.

check with the court whether your deadline is the date your answer is supposed to be received or just postmarked. it's possible that you can go to the clerk's office and personally give your answer ON the deadline, and just put your answer in the mail to the creditor the same day. then the clerk's office received it on the deadline, and the postmark to the creditor is also on the deadline. just ask their policy.

[music12]

check with the court whether your deadline is the date your answer is supposed to be received or just postmarked. it's possible that you can go to the clerk's office and personally give your answer ON the deadline, and just put your answer in the mail to the creditor the same day. then the clerk's office received it on the deadline, and the postmark to the creditor is also on the deadline. just ask their policy.

[InDebtNeedHelp]

Yes, I will give myself plenty of wiggle room. I will mail it a week before my court date using USPS confirmation and all of those bells and whistles. Thanks.

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.