How do you go about writing an answer, as that term is used in chapter 802 of the Wisconsin statutes?
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How do you go about writing an answer, as that term is used in chapter 802 of the Wisconsin statutes?
Chapter 802 http://www.legis.state.wi.us/statutes/Stat0802.pdf appears to be typical for writing answers. Would you like help drafting your answer?Quote:
Originally Posted by neomini
Can you provide us with more information about your situation? Are you the plaintiff or the defendant? What are you trying to file an answer for?
Defendant
Are you the person who originally posted the question? If so, why are you using two usernames?Quote:
Originally Posted by adianaj
We need more information before we can answer you. What type of a suit is this?
My landlord is going through a foreclosure on the property I am staying in and they served the residence with cout papers (me) and they are asking that I send a statement back to them within 20 days but I don't understand what I need to send back
What does the paper say exactly? Perhaps they just want a statement from you informing the court that you notified the landlord of the foreclosure, or accepted service on their behalf.Quote:
Originally Posted by adianaj
You don't want to simply send your answer back to the plaintiff (your landlord). You want to file an answer with the clerk of court, and send a copy of that answer to the plaintiff (or plaintiff's attorney if there is one).Quote:
Originally Posted by adianaj
As to each numbered paragraph of the complaint, state whether you agree or deny. If you have something else which might constitute a defense (why plaintiff shouldn't be awarded what he/she is asking for), such as statute of limitations, etc. state that too.
Your answer has to be signed by you. Also include your mailing address.
On the original to be filed with the court, indicate that you have delivered (by mail, usually) a copy to the plaintiff.
How do I go about doing this I don't even know the first steps and anchor bank is the plaintiff
Quote:
Originally Posted by adianaj
1. Learn how to read.
2. Read the above posts
3. Get yourself a printer.
4. Connect said printer to your computer.
5. Turn on the printer.
6. Put a piece of paper in the printer.
7. Start by copying word-for-word what it says at the top (caption) of the "piece of paper" (complaint, it's probably called) which they served on you. It should look something like this:
"In the _____ Court, State of Wisconsin
Anchor Bank, Plaintiff
v.
[your name], Defendant
Complaint
... "
Where it says "Complaint", type "Answer". Then there should be numbered paragraphs in the complaint. As to each one of them, in the same numbered order, type
1. Admitted
2. Denied
3. Admtted
...
,and so forth, depending upon whether you agree or disagree with that paragraph.
...
Or, if the above steps are too difficult for you, find an attorney.
I understand that the bank is asking if I dispute the amount owed to them (the plantiff) from the lanlord not me is that correct you don't have to be so rude and inconsiderate that is unprofessional and ignorant of you
I apologize for AK Lawyer's behavior. He seems to misunderstand the point of this site.
Honestly, I don't see why you would have to file any response seeing as you are not the plaintiff in the lawsuit. Did you accept service on the landlord's behalf?
Ah. The bank enters the picture.Quote:
Originally Posted by adianaj
As to that question, the amount owed by the landlord, it's not something a tenant would normally know. As to that I'd either ignore the question or state that you deny for lack of sufficient information necessary to form a belief as to the truth of the matter asserted.
In the foreclosure action is the bank seeking to evict you as well?
You are the tenant, and not being sued, you are merely renting the property, you really don't have to do anything it is the landlord that is supposed to be answering the court as to the money that he owes them. It is common to serve a copy to the house in question also.
You may answer if you wish, telling them that you are renting the house and currently live there under a ( how many month) lease or on month to month rental.
This does not mean anything to them, but they will understand it is not the landowners property in the home
And in AK defense the original poster was appearing to be very dense about the questions asked and replys.
Quote:
Originally Posted by adianaj
Ok. I'll apologize.Quote:
Originally Posted by this8384
Adianaj hijacked a thread from nearly a year ago about how to plead. Contrary to what This8384 thinks, he/she didn't "clearly" say anything about what his/her problem is. But I will admit that I missed the references to "landlord" and "foreclosure", which should have been clues in that regard.
It appears that Adianaj may have been served in error. My theory, subject to modification when and if we get more information, is that the bank caused foreclosure papers to be served upon Adianaj as the person in possession of the premises. They probably have made multiple, shotgun services, just to be safe. This case doesn't have anythiing to do with Adianaj, which would be my guess.
When someone doesn't understand the law, it does make them appear "very dense." That doesn't give us the right to insult them for trying to do the right thing but not knowing how.Quote:
Originally Posted by Fr_Chuck
If you asked me how to change the oil on your car and said, "I don't know the first steps," does that give me the right to insult you? Absolutely not.
Still waiting...Quote:
Originally Posted by AK lawyer
It wasn't hijacking; she found a similar question and mistakenly re-opened an old thread. I don't see how you missed two key pieces of information, then blame her for not "clearly" explaining.Quote:
Adianaj hijacked a thread from nearly a year ago about how to plead. Contrary to what This8384 thinks, he/she didn't "clearly" say anything about what his/her problem is. But I will admit that I missed the references to "landlord" and "foreclosure", which should have been clues in that regard.
It is not uncommon in the state of Wisconsin for process servers to serve the tenants when the house is being foreclosed on - I don't know how Alaska or Florida work. My assumption is that they assume s/he is going to inform the landlord of the summons, because they accepted service on their behalf.Quote:
It appears that Adianaj may have been served in error. My theory, subject to modification when and if we get more information, is that the bank caused foreclosure papers to be served upon Adianaj as the person in possession of the premises. They probably have made multiple, shotgun services, just to be safe. This case doesn't have anythiing to do with Adianaj, which would be my guess.
My assumption is that they do not want adianaj to file a response but rather, the landlord, who is the actual defendant.
I am the defendant in a foreclosure case
I am the defendant in a foreclosure case. I was served the paperwork yesterday and informed that I have 20 days to respond with a written answer according to Chapter 802 of the WI statutes.
I am the owner of the property. I was approved for a short sale however the property did not sell in the time frame allotted.Quote:
Originally Posted by this8384
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