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-   -   How to reply to civil court summons (https://www.askmehelpdesk.com/showthread.php?t=503462)

  • Aug 31, 2010, 05:38 AM
    grannyof2
    How to reply to civil court summons
    We got a summons on foreclosure we have to respond to and do not know how to do it. We thought we had a modification in place, have a statement in march with new payment and such and nothing since, now we got a summons and have to respond by Sep 3rd. They are trying to close it out properly but we still have to respond and no one has been able to tell us how.
  • Aug 31, 2010, 05:40 AM
    ScottGem

    Respond with a copy of the modification and ask what happened to it.
  • Aug 31, 2010, 05:48 AM
    grannyof2
    Do we have to have a form or just make copies and send it to them
    Do we have to fill out any forms for the court to accept our copies? Do we just mail them or hand take them. I am so stressed I can not even think clearly, sorry for all the questions
  • Aug 31, 2010, 06:26 AM
    tickle

    What are the forms for? We can't give you a satisfactory answer if we don't know what the forms are for.
  • Aug 31, 2010, 06:28 AM
    AK lawyer
    Ok, let's fall back and regroup.

    Do you already have a lawsuit pending? Are you the plaintiff or defendant?

    What is it you want to file with the court?

    What court is it? Where?
  • Aug 31, 2010, 06:33 AM
    tickle

    I see, this is part of another post from the OP. I sort of got a hint AK when you replied the way you did.

    https://www.askmehelpdesk.com/real-e...ns-503462.html
  • Aug 31, 2010, 06:52 AM
    AK lawyer
    Quote:

    Originally Posted by tickle View Post
    I see, this is part of another post from the OP. I sort of got a hint AK when you replied the way you did.

    https://www.askmehelpdesk.com/real-e...ns-503462.html

    Quote:

    Originally Posted by grannyof2 View Post
    We got a summons on foreclosure we have to respond to and do not know how to do it. We thought we had a modification in place, have a statement in march with new payment and such and nothing since, now we got a summons and have to respond by Sep 3rd. They are trying to close it out properly but we still have to respond and no one has been able to tell us how.

    Ok. The court may have a form. Depends on what court it is. The court may have a website. But, generally speaking, you need to write a clearly worded answer, identifying the case by name and number. Attach your documents to that. Make copies and send them to the attorney who sued you. Attach a proof of service to your answer and file the answer in the court. You could mail it, but I would suggest that instead you bring it into the clerk's office to make sure it gets there on time, and that you have done it right.
  • Aug 31, 2010, 07:39 AM
    ScottGem

    Merged threads-Please use the Answer This Question options to ask a follow-up question. Do not start a new thread. As you can see this causes confusion.
  • Sep 1, 2010, 05:33 AM
    grannyof2
    Quote:

    Originally Posted by AK lawyer View Post
    Ok, let's fall back and regroup.

    Do you already have a lawsuit pending? Are you the plaintiff or defendant?

    What is it you want to file with the court?

    What court is it? Where?

    We have a summons that we are required to respond to the court and the attorneys on the papers. We are the defendants and thought we had a modification done at the beginning of the year. We had no idea until the end of June there was a problem. Then we were served a summons that requires a response or they will find us in default. The Bank is now trying to close the modification out and get this out of foreclosure but we only have until Fri the 3rd to file a response. We are in wichita Kansas, Sedgwick county Court. No one would or could tell us if we just simply write and explain what is going on, or if we had to fill out a form to do it, or does this cost to file it?
  • Sep 1, 2010, 08:01 AM
    ScottGem

    Write a letter stating that you have been working with the bank on a modification. This process is still ongoing. Then attach copies of your paperwork.

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