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sunny07 · Sep 16, 2007, 09:48 AM

Is it better to answer to the complaint as soon as you recives summon or wait till the end of the time table allowed? My court summon said I have 28 days.

My intent is to defend myself and ready to answer to the complaints by requesting a validation. Also, when do I file a sworn denial? After I received response from collector on validation request? Or at the same time I request a validation?

Any help is greately appreciated.

sunny07 · Sep 16, 2007, 02:12 PM

Now, I've read more on this subject of what steps to take on the summon, I am convienced that I need to file a "intent to defend" first. I am trying to find out when I should do this. I've been served on the 13th and the summon says I have 28 days to answer to the complaints. Do I file intent to defend as soon as possible? Or should I wait? Any advise would be great.

ScottGem · Sep 16, 2007, 03:35 PM

ASAP. You want a court date as soon as possible.

You can't file a sworn denial until you know for sure whether the debt is yours or not.

sunny07 · Sep 16, 2007, 04:12 PM

Originally Posted by ScottGem

ASAP. You want a court date as soon as possible.

You can't file a sworn denial until you know for sure whether the debt is yours or not.

Now, another question is, let's say I will go to the court tomorrow and file a intent to defend, is it better to mail a verification letter to collector and attached that letter with my intent to defend letter as an answer to summons? Also, what is the benefit of filing intent to defend asap versus later?

This is what my summon says;

Unless an answer is served upon the plaintiff or upon his attorney by you within 28 days after this service is made upon you, and a copy of this answer is filed, by you, in the office of the Clerk of this Court within 3 days after such service; the complaint of said plaintiff will be taken as true and judgment will be rendered against you accordingly.

If you fail to appear and defend, judgment by default will be rendered against you for the relief demanded in the complaint.

Please advise. Thank you so much for your help.

ScottGem · Sep 16, 2007, 05:23 PM

You want to answer this as soon as possible to get a court date. You also don't want to wait and somehow have the deadline slip.

When you send the intent to the plaintiff, inlude a request for verification.

sunny07 · Sep 16, 2007, 05:47 PM

Originally Posted by ScottGem

You want to answer this as soon as possible to get a court date. You also don't want to wait and somehow have the deadline slip.

When you send the intent to the plantiff, inlude a request for verification.

I understand but it should not effect anything in the court prceeding as long as I respond within 28 days right?

I also like to let you know that you are doing a great service to pepople in needs. Thank you so much.

ScottGem · Sep 16, 2007, 06:31 PM

As long as everything is completed before the deadline it won't have an affect.

sunny07 · Sep 16, 2007, 07:53 PM

Originally Posted by ScottGem

As long as everything is completed before the deadline it won't have an affect.

Thank you again. I will update as my case moves forward. It will be nice to have complete step by step first-hand experienced guide to this issue. I was very surprised that there are so many people out there like me trying desperately to find these information. For the most of us who are faced with this issue, for the first time, have no idea what to expect and how to proceed with legal stuff...