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    grannyof2's Avatar
    grannyof2 Posts: 3, Reputation: 1
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    #1

    Aug 31, 2010, 05:38 AM
    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.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #2

    Aug 31, 2010, 05:40 AM

    Respond with a copy of the modification and ask what happened to it.
    grannyof2's Avatar
    grannyof2 Posts: 3, Reputation: 1
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    #3

    Aug 31, 2010, 05:48 AM
    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
    tickle's Avatar
    tickle Posts: 23,796, Reputation: 2674
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    #4

    Aug 31, 2010, 06:26 AM

    What are the forms for? We can't give you a satisfactory answer if we don't know what the forms are for.
    AK lawyer's Avatar
    AK lawyer Posts: 12,592, Reputation: 977
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    #5

    Aug 31, 2010, 06:28 AM
    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?
    tickle's Avatar
    tickle Posts: 23,796, Reputation: 2674
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    #6

    Aug 31, 2010, 06:33 AM

    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
    AK lawyer's Avatar
    AK lawyer Posts: 12,592, Reputation: 977
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    #7

    Aug 31, 2010, 06:52 AM
    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.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #8

    Aug 31, 2010, 07:39 AM

    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.
    grannyof2's Avatar
    grannyof2 Posts: 3, Reputation: 1
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    #9

    Sep 1, 2010, 05:33 AM
    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?
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
    Computer Expert and Renaissance Man
     
    #10

    Sep 1, 2010, 08:01 AM

    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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