summons to serve!! is it too late to file on them???

[music12]

it did help: you got a pre-trial hearing instead of a default judgment. pre-trial hearings are usually times for the parties to exchange information (i.e. get them to give you the information that's missing) and for setting a date for the trial. there cannot be a judgment on a pre-trial date unless you don't show up or send something in asking for a different date or something. pre-trial dates are also usually not set in stone and you can call the court clerk to see first, what exactly is expected of you at that time, and second, whether you can change the date.

so you will have plenty of time to file before your bk, and your attorney today can give you more hints about delaying the suit. in any event, relax, you did very very well with your letter!

[seekininfo]

crap, guess it didnt help!
checked the court cases online and saw this.

04/29/2010
CASE SET FOR A PRE-TRIAL ON 05/18/2010 AT 11:00 AM
PRINTED: COURT HEARING NOTICE

have an appointment today with an attorney. Can they get it filed in that short of time?

[nokia123]

NOTHING! just the above asking for more time, hoping by the time they get that, laugh at me and send a date, i will have been able to get filed.

I cannot believe how stressful it was to call an attorney! I was SO scared! and kept putting it off.
The lady I talked with couldnt have been any nicer and non-judgemental .

i hope you find an attorney and start your bk process.

[seekininfo]

oh well, I dont care if they laugh. LOL I just need time to file the BK.

Probably both.

You are just requesting a time extension, also called an Enlargement in legal terms, of the time required to file an answer. A Leave to File an answer is done after you have filed an answer and wish to file an amended answer as one example, so that part of the letter will make them chuckle, but they know you are not a lawyer.

The time extension allowed is specified in the Rules of Procedure for your State and court. It is usually 30 days, so that's what I expect you'll get.

[WhatMoney]

well, I sent it, had to get something in the mail TODAY.
It will either HELP or they will get a good laugh at my expense!

Probably both.

You are just requesting a time extension, also called an Enlargement in legal terms, of the time required to file an answer. A Leave to File an answer is done after you have filed an answer and wish to file an amended answer as one example, so that part of the letter will make them chuckle, but they know you are not a lawyer.

The time extension allowed is specified in the Rules of Procedure for your State and court. It is usually 30 days, so that's what I expect you'll get.

[seekininfo]

NOTHING! just the above asking for more time, hoping by the time they get that, laugh at me and send a date, i will have been able to get filed.

I cannot believe how stressful it was to call an attorney! I was SO scared! and kept putting it off.
The lady I talked with couldnt have been any nicer and non-judgemental .

[nokia123]

well, I sent it, had to get something in the mail TODAY.
It will either HELP or they will get a good laugh at my expense!

have an appointment with the attorney Friday! $900 and $299 filing fee.

i hope everything works out for you, what answer did you give?

[seekininfo]

well, I sent it, had to get something in the mail TODAY.
It will either HELP or they will get a good laugh at my expense!

have an appointment with the attorney Friday! $900 and $299 filing fee.

[seekininfo]

that was just a sample I found mine would be more like this-
and I have been busy with Dr's but no actual note.


Comes now XXXXXX stating that:

1. The service of this Complaint was filed at the XXXX county municipal court on 03/30/2010.

2. An answer is required of defendant no later than 28 days after service of summons of 04/02/2010, exclusive of the day of service, which date is 04/30/10.

3. Defendant does not have sufficient evidence as to whether to admit or deny complaint and give an answer at this time.

4. Defendant requires additional time due to health problems and obtaining an attorney.

5. Defendant requests an additional 90 days, or, notwithstanding, 60 additional days to answer Complaint.


WHEREFORE, I respectfully request a leave to file answer, and for all other just and proper relief. I affirm under the penalties of perjury that the foregoing representations are true.

_____________________________

_____________________________

_____________________________

_____________________________

Case Number: CVF XXXXXXX


CERTIFICATE OF SERVICE

I hereby certify that I sent a copy of this Petition by first class mail to the opposing attorney on 04/26/2010.

_____________________________

_____________________________

[music12]

well, this is not exactly an answer but a request for more time to file the answer. if you really have a statement from a doctor, then this could be a good idea. my feeling is that such a request for more time would be granted, and you'd get a new deadline. but remember, you really would have to call the plaintiff if you are going to write that you called the plaintiff...

if you don't have something from a doctor, you should try to file an actual answer as opposed to a request to file an answer late. in most cases, you would not need "leave to file answer" because you have a right to file an answer as long as you do it on time.

[seekininfo]

found this so far.
MOTION FOR LEAVE TO FILE ANSWER

Comes now (your name), stating that:

1. The service of this Complaint was attested to by the (your County) Deputy Sheriff on xx/xx/0x.
2. An answer is required of defendant no later than 20 days, which date is xx/xx/0x.
3. Defendant requires additional time due to (your excuse which should sound pretty damn important).
4. Defendant submits attachment B, which serves as proof of same. (I attached a statement from a doctor).
5. Defendant requests an additional 90 days, or, notwithstanding, 60 additional days to answer Complaint.
6. Defendant contacted Plaintiff on xx/xx/x8 asking if Plaintiff would object to this motion. Plaintiff asked defendant to file the motion with the court.

WHEREFORE, I respectfully request a leave to file answer, and for all other just and proper relief. I affirm under the penalties of perjury that the foregoing representations are true.

_____________________________
Signature
_____________________________
Print your name
_____________________________
Mailing address
_____________________________
Town, State and Zip Code

CERTIFICATE OF SERVICE

I hereby certify that I sent a copy of this Petition by first class mail to the opposing attorney on _________________________.

_____________________________
Signature
_____________________________
Print your name

[seekininfo]

thanks everyone! Still reading, hopefully I can get something in the mail Monday.

[music12]

i would also ignore what they enclosed and say you don't have enough info to admit or deny anything. then see what happens...

[StartingOver08]

Also, go to this link and read the stickies to help you formulate a reply to this summons. It is easier than you think, but don't put it off as timing is everything.http://debt-consolidation-credit-rep...play.php?f=198

Once you reply, then it will take so many days for them to respond with a hearing. In the meantime, you just concentrate on getting your Bk attorney.

[WhatMoney]

I have read and read for days, this site and others.
Cant find a case where theres not a court date yet, PLUS where they already included a copy of the bill, amount owed, and a copy of the card agreement. So I cant ask for those in my response.

If those items werent enclosed I could ask for them, at a loss as to what to do since all that was already included.

Did you review this thread?
http://www.bkforum.com/showthread.php?t=55245

The "no signature" defense worked there, and surprised us all. Just because they have statements with your name and address doesn't really prove it was you. It could have been identity theft, or your twin from an alternative universe.

Does the amount they are suing for agree exactly with the amount shown on the last statement they included? You could claim you disagree with the amount claimed if they are different. You could also just claim insufficient knowledge to admit or deny any of their claims - just ignore that they have sent you documentation. That should at least get you a hearing if delay is what you want. If they prove the debt is yours in court despite your written denials they will just ask for a summary judgment.