View Full Version : How do I respond to a summons
meb1106
Jan 2, 2009, 10:53 AM
Hello I need to respond to a summons on Monday Jan. 5,2009 how do I present it just a regular letter.. confused.. please can anyone help..
JudyKayTee
Jan 2, 2009, 11:13 AM
Hello I need to respond to a summons on Monday Jan. 5,2009 how do I present it just a regular letter.. confused.. please can anyone help..
This is posted in real estate so I'm guessing it's a real estate matter. Small Claims Court? Need more info, including basis for summons and State.
ScottGem
Jan 2, 2009, 11:28 AM
Generally one if given 20-30 days to respond. So have you been sitting on this for that long?
As Judy says, we need more details to advise you.
meb1106
Jan 2, 2009, 12:56 PM
This is in leiu of a foreclosure... with a bank do you have or know where I can get an example of a response to a summons... my deadline is Monday Jan. 5th please I would appreciate all your help..
JudyKayTee
Jan 2, 2009, 01:01 PM
This is in leiu of a foreclosure... with a bank do you have or know where I can get an example of a responce to a summons... my deadline is Monday Jan. 5th please I would appreciate all your help..
OK - but I still don't know what you mean. It's a Summons in Lieu of Foreclosure? Or it's a Summons in a Foreclosure action and you are attempting to respond?
It also varies by State.
Just a little more info, please.
meb1106
Jan 2, 2009, 01:26 PM
OK - but I still don't know what you mean. It's a Summons in Lieu of Foreclosure? Or it's a Summons in a Foreclosure action and you are attempting to respond?
It also varies by State.
Just a little more info, please.
The state is Florida,
It says it's a compliant for non- pymnt to the plaintiff which is the Bank.
And yes I am attempting to respond.
Thanks for all your help...
ScottGem
Jan 2, 2009, 01:55 PM
Well, are you behind on your mortgage? Do you have any grounds to contest the foreclosure?
JudyKayTee
Jan 2, 2009, 01:57 PM
the state is florida,
It says it's a compliant for non- pymnt to the plantiff which is the Bank.
and yes I am attempting to respond.
Thanks for all your help...
I didn't write this but someone with a good legal background did and was gracious enough to post it. Received a civil action summons from the State of Florida from - JustAnswer (http://www.justanswer.com/questions/1b37p-received-civil-action-summons) All I did was find and post it. :) If the Court has to have your response by Monday I wouldn't take a chance and would hand deliver it and get a receipt, also from the Attorney:
And here we go:
Your response should resemble the following:
In the ______ Court of _________ County, Florida
Plaintiff
v. Cause No._________
Defendant
ANSWER
Comes now, _______________, the named defendants and files his/her/their answer to the Complaint as follows:
AFFIRMATIVE DEFENSES
The Defendant employs any and all affirmatives available with regard to the defense of this litigation and allegations made by the Plaintiff.
[you need to now respond to each paragraph by either admitting or denying the allegations]
1. The Defendant admits/denies the allegations of paragraph 1. of the Complaint.
2. The Defendatn admits/denies the allegations of paragraph 2. of the Complaint.
3. " " "
[whichever paragraph or paragraphs state that you have failed or refused to pay the mortgage, just explain that your husband passed away and that it put you into an emotional and financial hardship]
Continue to respond paragraph by paragraph until the end.
For the final paragraph write:
Wherefore, premises considered, the Defendants pray that this Honorable Court will accept this Answer and Defenses and provide the adequate relief allowed by law.
Respectfully submitted this the ___ day of ____________, 2008.
________________________
Signature
*********************
Send the original answer to the clerk of the court and send a copy to the plaintiff's attorney.
seriouslyindebt
Jan 28, 2009, 10:57 PM
This is just what I was searching for also. Thanks a million.