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    Brenok's Avatar
    Brenok Posts: 47, Reputation: 6
    Junior Member
     
    #1

    Feb 13, 2008, 04:37 PM
    Almost ready to file Answer but confused
    Hi all, I have been working diligently on my Answer to the complaint from the JDBs attorney. Thanks to everyone for the awesome help here. I have a question on the affirmative defenses.

    My only income is from retirement funds that are exempt from garnishment or bank attachment. I have been told by some to include that info as an affirmative defense in my answer and a few people told me not to do that and one person told me it is not relevant to my defenses.

    I stopped by our small town courthouse and asked for a sample answer, etc. The clerk there had no idea what I was talking about - told me to go to a secretarial service to buy a blank form. Duhhhhhh... then another lady said they didn't keep samples to give out. She told me my answer could be scribbled on a piece of notebook paper for all they cared. See what I am dealing with (live in OK, of course)

    Should I leave in the defense about my retirement or leave it out?

    Thanks!
    B
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
    Expert
     
    #2

    Feb 13, 2008, 04:41 PM
    Ok, the courthouse does not have samples and they do not give out legal advice. And yes it can be just wrote on a scap piece of paper as long as it is sent in.

    But what you wanted to see , you wanted to review similar cases, court cases are public record so you can look at other case documents, they are not samples, but actual cases that could be similar to yours.
    Brenok's Avatar
    Brenok Posts: 47, Reputation: 6
    Junior Member
     
    #3

    Feb 13, 2008, 05:07 PM
    Thanks FR-Chuck - I have found some great samples here. But...

    My main question was: Should I include the fact that my income is retirement not subject to attachment somewhere in my Answer? I have had conflicting opinions on it.

    B

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