when i answer to the summons, do i file the clerk and plaintiff attorney?

Go to this court in the county the complaint was filed, and see the court clerk to file your answer. Once your original answer is filed, the court will keep you advised of all upcoming hearings in your case. You must mail one copy of your answer to civil summons with any attachments to the plaintiff or the plaintiff’s attorney.

Full Answer

Do I need an attorney to answer a summons?

Visit the court where the claim was filed. The address can be found on the summons you received. Tell the court clerk you are filing an answer to a summons. Sign the response form in the presence of the court clerk. If there's a fee for filing, pay the fee. Serve a copy of your answer to the plaintiff in the case.

How do I write an answer to a summons and complaint?

Jan 29, 2019 · You must file your answer with the clerk's office and mail a copy of your answer to the creditor or debt collector (they are the plaintiff). Your answer must be filed and mailed within the time allowed, as shown on the complaint. You’ll also want to mail a copy to the law firm representing the creditor or debt collector; they’re called the ...

How long do I have to answer a civil court summons?

Nov 15, 2017 · Assuming that, in your answer, you are denying the legitimacy of the debt you may have to appear in court at some point. Do not let the creditor/collector obtain a default judgment against you. If this is a legitimate debt, you should consider negotiating a reduced amount and a payment plan with the creditor AFTER you file and serve your answer.

Where can I get a summons for a lawsuit?

Apr 01, 2013 · Answering a Case. If you have received a summons from the civil court, you must appear and answer before the clerk as soon as possible. You must answer even if the summons does not have an index number. The time allotted to answer is either 20 or 30 days, depending on how you received the summons: • 30 days - if the summons was delivered to ...

How do you reply to a summons?

How do I file a response to a summons in Florida?

How do I respond to a summons in California?

How do I file an answer to a summons in Georgia?

What happens when a summons is issued?

What happens if a defendant does not respond?

How do you answer a summons without a lawyer?

How long do you have to serve a summons in California?

How do you respond to an allegation in a complaint?

How do I file an answer to a lawsuit?

How many days do you have to answer a complaint in Georgia?

What is a civil summons in GA?

What is an answer to a complaint?

An "answer" is a legal pleading you must file with the court. The answer is where you raise your defenses for the first time. Many states have answer forms available for you to fill out when drafting your formal answer to a complaint. At least one state has a multiple choice question that allows debtors to raise a defense defense. The choices are as simple as A) I owe the amount, B) I may owe them something, but not the amount they say I owe, and C) I owe nothing. In such a case, if you choose B or C, the case will be set for trial.

What is a confession of judgment?

The confession of judgment allows for a judgment without further legal action should you miss a payment on your payment plan.

What happens if you don't pay your bills?

If you don't pay your bills, your creditors will put negative notations on your credit history. These entries will be reflected on your credit report and may result in a dip in your credit score. Creditors will also charge late fees to your account and sometimes raise the interest rates on your account.

What is the Fair Debt Collection Practices Act?

Fair Debt Collection Practices Act. Debt buying companies are treated just like collection agencies for purposes of the Fair Debt Collection Practices Act (FDCPA). Debt-buying companies often hire another collection agency to collect for them just as original creditors do.

Can a debt collector call you?

For example, collection agencies can't call you before 8:00 AM or after 9:00 PM. These debt collectors may not harass you or anyone else either over the phone or by any other method of communication. The FDCPA prohibits a debt collector from contacting you if you're represented by an attorney.

Can you sue a collection agency for a violation of the FDCPA?

You can sue a collection agency if they fail to follow the requirements of the FDCPA. If they sue you, you can file a counterclaim regarding any violations of the FDCPA. Practically speaking, this means that you can use their FDCPA violations as a defense against any claim they may file seeking repayment of your debt.

What happens if you ignore a debt collector?

If you continue to ignore the debt, a law firm for the debt collector or a law firm for the original creditor can sue you. You will know that you’re being sued if you are served with a court summons and a complaint. Most state laws require that your copy of the complaint make clear that you're being sued.

What does it mean when you receive a summons and complaint?

If you receive a summons and complaint, this typically means that you are being sued by someone. If you fail to answer, the person suing you may be able to get a default judgment against you. This means they get whatever they are asking for in their complaint. To avoid that, you can't ignore the summons and complaint.

What happens if you don't answer a summons?

If you fail to answer, the person suing you may be able to get a default judgment against you. This means they get whatever they are asking for in their complaint. To avoid that, you can't ignore the summons and complaint. Rather, you must file a written answer with the court by the deadline stated on the summons.

Who is Jennifer Mueller?

This article was written by Jennifer Mueller, JD. Jennifer Mueller is an in-house legal expert at wikiHow. Jennifer reviews, fact-checks, and evaluates wikiHow's legal content to ensure thoroughness and accuracy. She received her JD from Indiana University Maurer School of Law in 2006.

Do you have to pay filing fees?

Pay the filing fees if necessary. Typically, you don't have to pay any filing fees simply to answer a complaint. However, if you have a counterclaim against the person who is suing you, there may be fees involved. The court clerk will tell you how much the fees are and what method of payment is accepted.

What is a certificate of service?

The certificate of service form is the same for every case filed in court. On the certificate of service form, write the name and address of the plaintiff (or their attorney) as it appears on your summons. This is where you'll have to deliver a copy of your answer after it's filed.

What is a complaint and summons?

The complaint and summons provide information on who is suing you, why you are being sued, and how long you have to respond to the lawsuit. The complaint tells the judge what the dispute is about, and what the person suing you wants from you.

What is summons in court?

The summons provides logistical details for you, including a statement of the fact that you have the right to respond to the complaint in writing within a certain amount of time. It will tell you how long you have to respond, and where you should take your written response.

How long do you have to respond to a summons?

The summons should include a date or time period by which you must respond. Typically, you have 20 days from the date you were served with the documents to respond to the lawsuit. However, this period may specify business days, or may be extended for certain court holidays.

What happens if you don't respond to a lawsuit?

If you don't file a written response to the lawsuit, the judge will assume that you agree with everything the plaintiff stated in the complaint. The time limit may be different depending on the type of case filed. Make sure you read your summons carefully, as it will tell you how long you have to respond.

What is personal jurisdiction?

This is called personal jurisdiction. The court in the county where you live typically has personal jurisdiction. If you're being sued in your business capacity – for example, if you own a restaurant – any court in a county where you do business usually has personal jurisdiction.

What happens if you file a lawsuit in the wrong court?

If the plaintiff has filed in the wrong court, you have an affirmative defense that the court does not have jurisdiction over your case. However, even if successful, courts typically will dismiss a lawsuit "without prejudice," meaning that the plaintiff is free to file the same lawsuit again in the correct court.

How long does it take to file a motion to dismiss?

If the judge doesn't grant your motion, you have a brief period of time to file your answer – typically about 10 days.

David M. Katz

What usually happens after someone files an answer, is the case sits until the plaintiff files a Request for Judicial Intervention (RJI) which puts the case on the Court's calendar for an appearance before a judge. The Judge then sets a schedule for discovery to be exchanged and the case proceeds from there.

Jeffrey Steven Feinberg

Assuming that, in your answer, you are denying the legitimacy of the debt you may have to appear in court at some point. Do not let the creditor/collector obtain a default judgment against you.#N#If this is a legitimate debt, you should consider negotiating a reduced amount and a payment plan with the creditor AFTER you file and serve your answer.

How long do you have to answer a summons?

You must answer even if the summons does not have an index number. The time allotted to answer is either 20 or 30 days, depending on how you received the summons: • 30 days - if the summons was delivered to you by any other method.

What happens if you don't answer a summons?

If you do not answer the summons, the plaintiff may be able to have a judgment entered against you. The plaintiff may also be able to garnish your wages or freeze your bank account.

Why do people ignore summons?

When most people receive a summons to appear in court because of a debt , they ignore it because the problem may seem insurmountable. They may hope that the debt collector will give up and go away. Nothing could be further than the truth.

What happens if you don't respond to a complaint?

If a person does not respond to the complaint within the time allotted or show up in court on the appointed day, it’s almost a given that the court will rule in favor of the debt collection agency. 90% of cases are decided in favor of collection agencies to a large extent because most cases go uncontested. Debt collection agencies hope you do one ...

How to garnish your wages?

Taking your money or property: Wage Garnishment and Property Seizure 1 Request the sheriff to serve wage garnishment notification on your employer, so your employer must withhold a designated amount for the creditor every pay period 2 File a lien on your real estate, which must be paid when you sell or refinance your property before the deal can be finalized. The creditor can also execute on the lien immediately by having the sheriff seize your real property and arrange a public sale. Certain real property may be exempt, and this varies state to state. 3 Levy on your personal property through the local sheriff, which means the sheriff will take the property and sell it at public auction. Once again, some property will be exempt. 4 Get an assignment order for property that is not subject to levy such as tax refunds.

What happens if you don't pay your debt?

When you can’t pay a debt, creditors will send notices and may charge interest and late fees. If you still don’t pay, you may receive phone calls and email from the company as well as more letters. Eventually, usually somewhere between three to six months of nonpayment, the company may sell your debt to a debt collection agency which is likely ...

How long does it take to get a response from a collection agency?

The debt collection summons will typically say that you must file a response within 30 days.

How long does it take for a company to sell your debt?

Eventually, usually somewhere between three to six months of nonpayment, the company may sell your debt to a debt collection agency which is likely to pursue payment much more aggressively. After a time, the collection agency is likely to file a complaint and mail you a summons to appear in court. The debt collection summons will typically say ...