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-   -   Filing a answer to defendants notice to defend (https://www.askmehelpdesk.com/showthread.php?t=724037)

  • Dec 23, 2012, 04:45 PM
    shelby3601
    Filing a answer to defendants notice to defend
    I recently sued a business for taking my money and keeping their product for 1500 dollars, he sent me a notice to defend, and I have to send a answer to his notice to my court, how do I prepare it?
  • Dec 23, 2012, 04:50 PM
    ScottGem
    What did this notice say? ANY question on law needs to include your general locale as laws vary by area.

    Usually the defendant has to file a notice of intent to defend. In your filing suit your complaint should state simply that you paid for the item and it was never delivered.
  • Dec 23, 2012, 05:03 PM
    shelby3601
    Quote:

    Originally Posted by ScottGem View Post
    What did this notice say? ANY question on law needs to include your general locale as laws vary by area.

    Usally the defendant has to file a notice of intent to defend. In your filing suit your complaint should state simply that you paid for the item and it was never delivered.

    I bought a racing converter off him and it did not perform, and sent it back 3 times, and when I noticed he docked my credit card for 850 dollars more without my permission I ended the deal and told him I wanted my money back, at this point he has his converter that he sold me and my money, 1503.00 dollars.
  • Dec 23, 2012, 05:07 PM
    shelby3601
    Quote:

    Originally Posted by ScottGem View Post
    What did this notice say? ANY question on law needs to include your general locale as laws vary by area.

    Usally the defendant has to file a notice of intent to defend. In your filing suit your complaint should state simply that you paid for the item and it was never delivered.

    I already took him to my local magistrate and she ruled against me? Who knows why, kickback I think, but I filed an appeal in the county court, and he sent a notice to defend, now I understand I have to file an answer then a court date will be set, I just need to know how to head the paper and answer his letter. How to head the form is what I need to know? He also filed a suit in his county still in Pa. but 4 hrs away after I already filed a appeal in the same case here in my county. Is that legal?
  • Dec 26, 2012, 09:40 AM
    AK lawyer
    Quote:

    Originally Posted by shelby3601 View Post
    ... I just need to know how to head the paper and answer his letter. How to head the form is what I need to know? ...

    Put this information on the top of your paper:
    • Name of the court (i.e.: ___ Court for ____ County, State of Pennsylvania")
    • Case number
    • title of the paper (i.e.: "Notice of Intent to Defend")


    Quote:

    Originally Posted by shelby3601 View Post
    ... He also filed a suit in his county still in Pa. but 4 hrs away after I already filed a appeal in the same case here in my county. Is that legal?

    Yes. But your affirmative defense to this second suit would be that he has already sued you for the same transaction.

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