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The person mails the paperwork must fill out a form called the Affidavit of Service by mail form. If the plaintiff has a lawyer, a copy of your Answer should be mailed to the lawyer. Neither you or anyone directly involved in the case can serve the Plaintiff. If you are instructed to serve the plaintiff with a copy of your answer, you must have someone that is 18 years-old or older mail a copy to the plaintiff. Some courts will automatically serve the answer on the Plaintiff for you. When you file your Answer with the court, make sure to ask the clerk what the procedures are for serving the answer on the Plaintiff. You can do this by signing the Answer in front of a notary public. If there is a Verification at the end of the complaint, you should make a verified Answer. If the complaint has a Verification at the end of it, this means that the plaintiff swore that the complaint is true. By including this in your answer, the plaintiff will have to show the court that it owns your debt and will have to submit a letter from the creditor that proves that the debt is valid. If you never heard of the plaintiff in your case, it is important to include in your answer that you don’t have a business relationship with the plaintiff. This happens because Discover Card sold the right to collect the money you owe to ABC Corp. For example, you could owe money to Discover Card, but you were sued by ABC Corp. See a sample Answer Form for Consumer Credit Transaction.īe aware that there are many companies that make money by buying and collecting debts. *If you received a summons that says at the top the words: “ CONSUMER CREDIT TRANSACTION,” read Common Defenses in a Consumer Debt Case for a list of possible defenses. A counterclaim can be for a new claim or for something connected to the other side’s claims. A counterclaim is claim made by the person sued in a case against the person who started the case. You may also include a counterclaim in your Answer. If you do not include a defense in your answer, the judge may not allow you talk about it later in the case. It is very important to write down any defenses you want to tell the court. A general denial is when you deny everything that is in the complaint without denying a specific allegation. Your answer may include a general denial and any defense or explanation to the complaint that you might have. These time periods include weekends and holidays.Īsk the Court Clerk if the court has an Answer form for you to use, if not, you can write your own Answer. If the 10 days have passed, you must make a motion to amend the answer. If you already filed an answer and wish to change something in it, you have 10 days from the day you filed the original answer to amend or update your answer.
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