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

    Feb 19, 2008, 08:52 PM
    Curious about Language in Answer
    Here is another question. I am working on the answer and defenses on a debt collector suit. Is it necessary to use all the legalease wording like references to the "Plaintiff" and myself as "Defendant", etc. in the answer?

    When I stopped by our little country towns courthouse and talked to one of the employees, she said the judges there didn't care how the answer was prepared, it could be done on a piece of cardboard as long as the handwriting was legible. So do I use the fancy language I find in many samples or should I be the layman that I am and answer like someone without much legal knowledge would do. Is it wrong to refer to myself as "I"? I don't want to appear like I know much, maybe the judge won't challenge me too roughly, you think?

    For instance, here is a general denial paragraph posed in both options:

    Defendant has no knowledge of the factual basis of this allegation, and therefore denies same and demands strict proof thereof.

    or

    I have no knowledge of the factual basis of this allegation, therefore I deny and demand strict proof thereof.


    Here is a example of what I am suggesting in the affirmative defenses:

    Defendant claims Lack of Privity as Defendant has never entered into any contractual or debtor/creditor arrangements with the Plaintiff.

    or

    I claim lack of Privity as I have never entered into any contractual or debtor/creditor arrangements with the Plaintiff.


    I know this is a dum post, but I feel overly scholared when using the canned responses but if they are recommended, I will use them.

    Thanks again, I am on the road to finishing this mess!
    B

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