If you receive civil summons and complaints it is imperative to make a written reply to avoid the problems of the court. Many people mistakenly think that they can not answer civil summons without hiring a lawyer. In fact, answering civil summons and complaints is something most people can handle independently. Briefly summarizing, the first steps to answer civil summons and complaints are as follows: (a) (b) complaints to determine which claims should be denied Review allegations. (C) To ascertain whether any third party complaints and / or counterclaims are appropriate.
Normally, the period of submitting your response (answer) and serving will be on the face of the summons served to you. In most state courts, the period for civil service calls is from 20th to 30th. If the answer has expired, especially if the default sentence has not been entered yet, you are not hopeless. There is a strong premise to support the judgment of the lawsuit on merits, and many courts are free to extend the period of response to complaints.
The first step in responding to civil summons and complaints is to carefully review served petitions (complaints). In your answer, you need to answer each numbered paragraph of the complaint. Therefore, you should review each paragraph of the complaint and decide whether to argue that one of the paragraphs is actually wrong. In your answer you say that you are "denying" the de facto claim contained in those paragraphs.
It is also necessary to consider whether there is a possibility that others (third parties) may be liable for all or part of the damages purchased by stainiff. If a third party is responsible, we should consider submitting a "third party" complaint alleging that a third party must take a ruling on the damages purchased by the plaintiff. For example, in response to a summon by a credit card, if another person summons a debt illegally charged to an account, you can consider raising a third party's complaint against that person.
In addition, it is necessary to consider potential counterclaims against plaintiffs. The allegation is your claim to the plaintiff ("cause of action"). For example, if you are sued for a breach of contract, you can return an answer that includes an action against against claiming that you actually broke the contract.
Finally, in the initial review of complaints, you need to consider the "positive defense" that you may have. Examples of positive defense are (a) lack of process service, (b) plaintiffs are not in place. (C) the case where the complaint does not suitly complain the cause of the action.
If you do not know how to create a citizen's response form, we recommend downloading the template for use as a sample. Template or sample answers are particularly useful for litigation officers who are self-defending who are not familiar with the terms and layout of litigation forms.
EmoticonEmoticon