[momtosando]

First, thanks for help last week about answering my summons. I just have two more questions before I go through with it:

1. I know what needs to be said. Can I Answer the summons in just a regular business letter format, or do I need to do something that looks similar to the summons (on one website I found a "blank" form where I filled in my info--it looked like a legal document, but since I don't have a typewriter I would have to hand-write it.

2. My summons has no number on it and it says, "...you must respond to the Complaint by stating your defense in writing, and serve a copy upon the undersigned attorneys for the Plaintiff withing 20 days..." so sense it says "serve a copy" can I send it registered mail or do I need to do something more legal?

Okay, now I'm seeing more questions I have. Sorry...

3. There are four paragraphs that I need to either claim, deny or say I don't know. The first paragraph says something to the effect of The Plaintiff was and is a corporation, duly qualified to bring this action... blah blah blah. Is it safe to assume this is true or do I ignore this paragraph??

4. My husband is listed as a defendant, but it just says "JOHN DOE _(our last name)_" as I'm guessing this is just my debt (if it is valid). Does his name need to be on my answer to the summons?

5. What is a Notice of Appearance and should I file one?

6. It says I may demand the Plaintiff file this lawsuit with the Court. When and Why would I want to do that??

[twinkiedooter]

Here is a good post you may get some good info on what to do...
https://www.askmehelpdesk.com/small-...er-171933.html

5. Notice of appearance means if you are an attorney. You don't need to answer this or do anything.

2. Just mail them a copy and file your original in the clerk's office.

3. Don't ignore this.

4. Your husband must have his own summons and complaint. You can just deny this and demand strict proof demanded thereof.

1. Use the format. Yes, it can be handwritten on standard size 9 1/2 X 11 paper that is lined. Be neat as someone else must read this. You could print if your want also.

6. Says like the Plaintiff never filed the lawsuit in the first place.

Call your clerk of court's office and see if these idiots even filed the lawsuit and get the case number. If the case was never filed in the court as listed on the paperwork, then the idiots never filed anything and you don't have to answer. If they DID file it, then answer. If they DIDN'T file it, then you have nothing to worry about.

Pull that credit report also and see if you even owe these people. This is beginning to sound like another collection agency ploy to scare the pants off you to get you to pay if they haven't filed anything in court yet.

[momtosando]

Thank you!

I called the Clerk and this has not been filed. But she said (and I read on my State's LawHelp) page I need to answer anyway... just not file. So I will be sending the lawyer's office a copy via registered mail.

I just checked my credit report. The only things on there that could be negative were late payments on my student loan. The only "account in good standing" is another student loan account. There is no mention of this LVNV Funding and no amounts that are near the claimed $945. If I did owe this, would it for sure be on my credit report? Like I said before if I did owe it it would be before we were married nearly 8 years ago.

This is what I am answering with. In the Summons, the paragraphs were:
1- That they are a corporation, paid all license, etc.
2- That we are married and the debit was for the benefit of both of us
3- That I became indebted on a consumer account
4. Demand has been repeatedly made but no payments have been made.


I. ANSWER
Defendant(s) answer the complaint as follows:

Admit the statements contained in paragraph number(s)   ; except for the following statements:      .
Deny the statements contained in paragraph number(s)      ; except for the following statements      .
Lack knowledge about the truth and therefore deny the statements contained in paragraph number(s)   1, 2, 3 and 4.   

II. AFFIRMATIVE DEFENSES
Defendant(‘s), other defense(s) is (are):      .
III. COUNTER-CLAIMS

The plaintiff(s) owes the defendant(s) $      because    not applicable.  .

This was a form, I did the underlined parts. All I did was deny all 4 paragraphs because I don't know any of them to be true and it is not my burden to prove them false. Is now the time to demand strict proof there of? If so, where would I do that??

[twinkiedooter]

Defendant answers the complaint as follows:

1. Denied. Strict proof demanded hereof.
2. Denied. Strict proof demanded hereof. (you said you were not married at the time debt was supposedly incurred.)
3. Denied. Strict proof demanded hereof.
4. Denied. Strict proof demanded hereof.

Basically they must PROVE you have this debt with paperwork. If they can't prove debt with for real paperwork showing your original debt they are going to have a hard time collecting on an imaginary debt. Judge's only look at paperwork, not imaginary paperwork or paperwork that was inadvertently not attached!

Like I said, don't admit anything. Demand strict proof means that they have to show paperwork. Most times a suit is filed with paperwork attached as Exhibit "A". If they didn't have any paperwork attached then that is not a very good lawsuit even if they were to file it and will have to produce this paperwork for the actual court suit.

But you said they didn't have a case number? And didn't file.

Also you can put the sentence in before you do the I certify sending copy thing as follows:

Defendant demands all issues so triable be tried before a jury.

This forces the clerk to set it down for a jury trial and not to be tried before a judge. Make sure that sentence is alone by itself on the page so it can be easily seen by the clerk's office.

I am beginning to think this is some kind of boiler plate thing they sent you in the mail as if this debt does not appear anywhere on your credit report as being owed... try going back more than 8 years and see if it does show up. The fact that they are coming after you now really surprises me. If they did not send you anything before about this debt, then I am truly mystified why now? And why with this "legal" looking paper?

Is this an attorney's office filing this with a Bar Number on the second line after his name? If so, you need to check out if this is a real attorney. You can look this up on line on say Ohio Bar Association or New York Bar Association. They would have the information that this attorney is a bar member of that state and if he is in good standing and his office address. You can put either his full name in the search area once you are in the site or his bar number as some sites take both.

I am not aware of real ethical attorneys doing this kind of ploy as it would make more sense for a collection agency to do this type of thing instead. Check it out before going through with anything and then send them the copy of the answer and keep the original.