HOW TO DEAL WITH A COURT SUMMONS IF YOU GET ONE. THESE ARE THE STEPS TO RESPOND TO A LEGAL COURT SUMMONS FOR A DEBT YOU MAY OR MAY NOT OWE.
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Hey, what's up, everybody I want to make this video here.
This is a court summons.
This is an actual court summons I like doing this, because this is you know, real-deal situation for someone and I'm going to tell you exactly how we're gonna help them help their themselves.
I had them send this information over to me for my review and then I'm gonna walk you through it.
I won't reveal who it is.
Please like these videos, because this is real bill information.
It helps get the videos out to more people that have these types of issues, so we're gonna be dealing with a court summons with this paperwork.
Here, first thing is it: it says who who is suing? Who you know the plaintiff defendant, it's a credit card company, one of the major credit card companies that we all know about order, one second, sorry about that interruption.
So now it! This is a well known debt collection, company in the state of California I'm, not gonna, mention her names, but I've dealt with them several times and actually with one one particular client that I remember was if they came out to him for foreclosure.
Second mortgage on a foreclosure, it was about $22,000.
We were able to get that whole debt forgiven.
They did send a 1099 C, but he was able to deal with that with follow for hardship with the IRS.
But this company is the company that buys all of them credit card debt, or they are also being contracted by certain credit card companies to collect debts in in state of California.
So, looking down the complaint its you know, it's said who's suing who and for what, which was a credit card dead.
It has going down the lines here, so please I'm, gonna kind of go down the lines, because this is how you get to making your answers.
You got to just review it.
Some some of them are very easy to review some of them.
You know you gotta flip through a lot of pages and this one here with with the way they do it in California.
They have a lot of box.
Checking other states just have it all written out, so they he had here.
It said that it was a civil action not to exceed ten thousand dollars and it notified them of who the plaintiff feels they made them.
We notified, and then they had to specify that as a National Bank, because that's a different category for when you're doing these types of lawsuits, all other boxes didn't need to get checked.
Then the other one was- and this is a question.
This is a question.
It's saying that this pleading includes an attachment and exhibits consistent, consists of the following pay on the following pages and it has the plaintiffs name and it has their National Bank.
That would be a question that you would say: I do not dispute and then the next one here it says, arrest.
There was no check box, it says, defendant, lives here now and that's something that is required and that sometimes they might say, resides at this certain address and that's something that you would just say I do not dispute when you're writing your answers to your to their question.
The next part, it says, plaintiff prays for judgment for the cost of suit for such relief, as is fair, just and equitable, for the damages of twenty nine hundred and seventy dollars and interest and I was specified interest rate that they would put for this date by that date and uh.
So what this is.
The part right here is where you start to fight for your rights, because when they specify an amount, their damages and an interest rate which I haven't had ran across that what a lot of them.
This is where you start to do the validation process to them and you're gonna give that information to the court.
This is where you say: I do not remember this amount.
You in really, you probably won't remember an amount because they've, probably added on fees when it's changed hands from different collectors.
If they purchased it or whatever, you will not remember the amount and that's the God's, honest truth.
That's you're being honest when you say that, and so you what you do.
Is you say that you do not remember this amount and that you would like to get all of the information pertaining to this debt original contract, the payments that you've made all of the charges with your signature or showing some type of signature, proving that you authorized the charges on the card all of the payments that you made the balances after those payments interest rate disclosures all of the disclosures also when the card would be paid off, because these are new laws that went into effect back I, believe in 2013 or 2012, and we had after we were kind of coming back out of the financial downturn that they wanted people consumers to be always gonna know of when if they made charges on a credit card, if you pay this payment, it will be paid off by this date.
They have to disclose it.
They have to disclose the interest rates they have to disclose if the interest rates change.
All of that stuff, so you want them to provide you all of that information, so you can review it.
So it's not like you're running from a debt.
It's not like you're, just trying to say.
Oh, this is not my debt, no you're trying to get all of information, so you can make an edge a decision on how you want to move forward on this lawsuit for this debt.
So that's the spot where you would ask for all of that information and then, let's move down.
Let's see these are questions that some more boxes where it says within the last four they're just asking that was this debt within the last four years and they're saying that yes and they're just also to have a box saying that the money was lent to the plaintiff or lit from the by the plaintiff to the defendant, and then money paid laid out or expected, or expanded to four for defendant at defendant special instance and requested they're.
Just what this is that California makes them go through some as the plaintiff more question to make sure that this is a legitimate lawsuit that they're doing, and then they disclose here at the bottom, the amount again, twenty nine hundred, seventy bucks and they're saying with interest rate, and they still have not said the interest rate.
So you would just put do not dispute right there and then they'll have the addresses that you need to send everything back to you need to send it to the court.
You need to send it to the attorney.
That's handling and handling the case for the individual company, and when you do that, what's gonna happen is you're.
Gonna, usually get information back and sometimes they'll send it back to you before your court date.
If they don't send it by your court date.
When you, you need to go into court and you need to see if the plaintiff attorney is gonna.
Have that available to you.
You've already notified the judge of what you wanted, so there's no excuse that they didn't get it and no excuse that the court doesn't know that you want that information if they don't have that information, and the next thing that they may try to do is to say that they want more time to get that information, which you will have a right to get trust me.
You just have to trust me on this, we'll make them give it to you if they didn't get it.
One thing that you should do and I always tell people to do this.
Is that because you had mailed information out to them in the courts with plenty of time long as it's not like a week or something, but you did it with input plenty of time for them to get the information.
You can say that you want it to be dismissed on that grounds, because you gave them enough time to get that information to you, so you should ask for that.
It doesn't hurt to ask for it worst thing that could happen is that they say that you know they're, not gonna dismiss they're gonna, give them more time.
If they do have the information you need to review it, you could ask for more time to review it that you, you know that it's a lot of information, because it could be stacks of information depending on how much how long you had that that account.
You need to review it and you can ask for another court date if you would like or if the amount is something that you feel that you can negotiate on.
Let's say this: one is 2,500 and you know that you had $500 and it's not passed the statute of limitations and all of that stuff.
All of those boxes are checked off.
You can ask for some time to go in the back room with the plaintiff attorney and offer that amount for that debt.
You you'd be surprised, especially if they've purchased the debt.
They probably take that settlement, but they don't.
You know they don't want to just keep chasing after money.
If they're not going to get it, you know they could get a judgment.
They maybe not be able to get a judgment against you.
They could potentially get the garnishment or they may not be able to get a garnishment, and so it's you know it could go either way.
So it's always a negotiation process and you're gonna have to you know kind of work hard to get that settlement.
But if you don't have the money, then you need to just ask for more time and then you can start strategizing on what you can do to be honorable, but they just understand it.
There are always options and that you should always do you know, get get all the information before you make a decision.
If you like, please, like these videos, I'm going to end it there.
This is very good information.
We're gonna be getting this over to this this person, so they can do their follow-up, but please, like the videos, this helps more and more people be able to get this information, we're helping people whose real life situations.
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- Answer each claim listed in the complaint.
- Assert your affirmative defenses.
- File the Answer with the court and serve the plaintiff.
An affirmative defense says, essentially, “even if what you're saying is true, I'm not liable for reason XYZ.” Examples of affirmative defenses include bankruptcy, statute of limitations and self-defense.How do I answer a summons without a lawyer in NY? ›
You can either answer the summons in writing or in person. If you answer in person, you must go to the courthouse clerk's office and tell the clerk about your defenses to the plaintiff's claims. The clerk will check off the boxes in a Consumer Credit Transaction Answer In Person form.What is the answer to a counterclaim? ›
An answer to a counterclaim is a written response by a Plaintiff to a Defendant's counterclaim. The answer to counterclaim must also state defenses to each of the Defendant's counterclaims in short, plain statements.Can you dismiss a summon? ›
You can remove a summons any time, even during an enemies turn. I would say if the enemy was focusing on the summons, it would continue to move as if it was still there and not focus on another target (unless it has a multi-target attack). That seems in line with existing rulings for monster movement.What happens when someone summons you? ›
A summons is a court form which notifies the defendant that they are being sued and lists the day the defendant needs to appear in court (the Return Date). The court has no power to hear a case until the defendant is served the summons and complaint. The plaintiff selects both the Return Date and the trial date.What is an example of an affirmative reply? ›
“I completely agree with you.” “That's 100% true.” “Certainly, you are right.” “Exactly, I couldn't agree more.”What is the most common affirmative defense? ›
Self-defense, entrapment, insanity, necessity, and respondeat superior are some examples of affirmative defenses. Under the Federal Rules of Civil Procedure Rule 56, any party may make a motion for summary judgment on an affirmative defense.What is an example of a responsive pleading? ›
What is Responsive Pleading? A pleading that directly responds to the merits of the opponent's pleading, as opposed to filing a motion to dismiss or other attempt to reject a direct response. An answer to the complaint is an example of a responsive pleading.How many days do you have to answer a summons and complaint in New York? ›
The time to answer the summons and complaint is either 10, 20 or 30 days, depending on how you received the papers and whether the case is in a court inside or outside New York City: 10 days - if the summons and complaint were given to you by personal (in hand) delivery within the county.
An answer is a formal written response to the plaintiff's complaint in which the defendant responds to all of the allegations in the complaint and sets forth any defenses to all or part of plaintiff's claims. An answer is filed by the defendant after s/he has been served with a copy of the complaint.How long to answer a summons and complaint in NY? ›
The written response must be made within 20 days of personal service, or within 30 days of the time when service by any other means is complete. If the defendant fails to respond he or she is in default and plaintiff may be able to obtain a default judgment against the defendant.What is a good counterclaim? ›
A counterclaim should start with a topic sentence that acknowledges the opposing side and references the previous paragraph to create a smooth transition. Counterclaims should also include credible sources as evidence for the opposing side.How do you write a perfect counterclaim? ›
- Identify the opposing argument.
- Respond to it by discussing the reasons the argument is incomplete, weak, unsound, or illogical.
- Provide examples or evidence to show why the opposing argument is unsound, or provide explanations of how the opposing argument is incomplete or illogical.
Examples of counterclaims include: After a bank has sued a customer for an unpaid debt, the customer counterclaims (sues back) against the bank for fraud in procuring the debt. The court will sort out the different claims in one lawsuit (unless the claims are severed).What to do after summon? ›
A summons usually requires you to respond in one of two ways. The first is a physical appearance in court, which is more common in criminal cases. Civil case summons may require you to file an answer by a certain date. Regarding the latter, your answer is your response to the alleged complaint.What happens after summon? ›
Once the summons has been served, the person who was called must attend in person before the Court. If the person summoned cannot do so, they must notify the Court immediately and, at the Court's discretion, they may be permitted to appear on the following date.Why you should not ignore a summons? ›
It is not an order, so you do not have to do what it says. But, if you ignore a Summons, you will likely lose the case against you. The court will usually decide the lawsuit in favor of the person suing you. The court could decide that you have to pay money or that you must stop doing something.What does received a summons mean? ›
an official demand to appear in a court of law: He was given/served with a summons to appear in court.What is an official note of a lawsuit and to appear in court is called? ›
complaint: In civil cases, a written statement filed by the plaintiff that starts a case. Says what the plaintiff thinks the defendant did and asks the court for help. Also called the "initial pleading" or "petition." A complaint is also used to start a criminal case. compulsory: Required by legal process or by law.
- I have a puppy.
- My brother bought fifty varieties of fighter fish.
- There is a three-storeyed house in the corner of the street.
- Manu is the new manager.
- Tokyo is the capital of Japan.
- My phone has two displays.
- The teacher gave us our marksheets.
Present Simple Affirmative Sentences
The boys play football. My father writes books. She eats noodles every Sunday. You swim in the pool.
in the affirmative. : with an affirmative reply : with a reply that means "yes" He answered in the affirmative.How do you disprove intent? ›
- They were not capable of forming the required intent because of their mental state;
- They intended to cause a different result;
- They no longer had the required intent when the action occurred;
- The action was accidental or the result of impulse.
To prove laches, a defendant must show that the plaintiff's delay in filing their lawsuit was unreasonable and that delay resulted in prejudice or negative effects upon the defendant.What is the burden of proof for an affirmative defense? ›
When arguing an affirmative defense, a defendant must meet the “preponderance of the evidence” burden of proof — a much lower standard. Subsequently, the burden of proof shifts back to the prosecution who must disprove the affirmative defense raised beyond a reasonable doubt.What is a responsive statement? ›
The purpose of a Responsive Declaration to Request for Order (FL-320) is to provide you an opportunity to respond to a Request for Orders filed in your family law case. A Response allows you to tell the court if you agree or disagree with the request made by the moving party.What does no responsive mean in court? ›
The non-responsive objection is a common objection used in court when a witness is not responding properly to questions asked under oath.What are responsive actions? ›
Responsive actions are actions taken in reaction to an event.How long do you have to respond to a serve? ›
Figure out when to serve
You can't move your case forward until you serve the other person. Once they are served, they have 30 days to respond. After that, your case can move forward even if they don't respond.
Default Judgment -- If the defendant fails to file a response, or Answer, with the U.S. District Court within the time allowed, a Default Judgment may be awarded, providing the plaintiff with the relief requested in the Complaint.What is a verified Answer to complaint? ›
A verified complaint has a statement at the very end of the complaint, after the attorney's signature (or the plaintiff's signature if there is no attorney), that is signed under penalty of perjury stating that the statements in the complaint are true.What does a response mean in court? ›
n. in law, a written pleading filed by a defendant to respond to a complaint in a lawsuit filed and served upon that defendant. An answer generally responds to each allegation in the complaint by denying or admitting it, or admitting in part and denying in part.What are the three basic legal requirements for a case to be heard in a given court? ›
- Standing to Sue.
To do something correctly is to to it accurately: to do it right. A correctly spelled word is spelled right. When something is correct, it is right or accurate. The correct answer to a math problem is the right answer, so if you answered a math problem right, you answered it correctly.How long do you have to respond to a motion to dismiss in New York? ›
A timely motion to dismiss pursuant to CPLR §3211(a) extends the Defendant's time to serve the answer until 10 days after an order issued by the court has been entered and notice of entry has been provided. Entry means that the court's order on the motion has been signed and filed with the County Clerk.How do you respond to a summons in NYC? ›
You will receive an email with hearing date, time and location information. Submit Written Defense Online or by Mail: You may be able to respond to your summons by submitting your defense online or by mail. Please visit the Hearing Online page and the Hearing by Mail pages to learn if your summons is eligible.How many days after being served do you have to answer a complaint in US federal court? ›
A defendant who is served with a summons and complaint has two options in defending the case: File an Answer - Within 21 days (or 60 days if the defendant is a federal government agency or employee) the defendant may file an answer with the Court.How do you write a strong rebuttal paragraph? ›
- Tip 1: Be Polite and Respectful. ...
- Tip 2: Provide Point-by-Point Replies to All the Referees' Comments. ...
- Tip 3: Highlighting Changes in Your Manuscript. ...
- Tip 4: Choose the Right Ending. ...
- Tip 5: Becoming a Reviewer.
Other may say that… but one could argue… It may be true…, however…. It is often thought… It is easy to think that… but when you look at the facts…
In a claim-counterclaim text, arguments are typically introduced using reporting verbs such as show, argue and claim. A writer may also use evidence to support their claim, using connectors such as for instance or for example.How do you argue a counterclaim? ›
- Respectfully acknowledge evidence or standpoints that differ from your argument.
- Refute the stance of opposing arguments, typically utilizing words like “although” or “however.” In the refutation, you want to show the reader why your position is more correct than the opposing idea.
An answer to a counterclaim is a written response by a Plaintiff to a Defendant's counterclaim. The answer to counterclaim must also state defenses to each of the Defendant's counterclaims in short, plain statements.What is a good claim example? ›
Claims are statements about what is true or good or about what should be done or believed. Claims are potentially arguable. "A liberal arts education prepares students best" is a claim, while "I didn't like the book" is not.What is a good counter argument sentence? ›
You might begin with phrases such as the following: For this reason, opponents believe/argue/claim/contend/stress etc. As a result of _______________, many believe/argue etc. It is understandable why the opposition believes/argues etc.Do counterclaims need evidence? ›
After making your counterclaim, you need to finish by providing a rebuttal. This is when you provide evidence to show why the counterclaim is wrong, or at least why it doesn't make your argument wrong. Without the rebuttal, the counterclaim only serves to weaken your argument.What does it mean when the police summon you? ›
A summons is just a letter sent by the court asking you to come to court to handle your case. It does not require you to do anything except go to court. If you don't show up to court, the judge may issue an arrest warrant for your failure to appear.Can you respond to the summon of a monster? ›
The Summon was not negated, so the Summon response window is now open, and the turn player can activate cards in response to the Summon of a monster. If the turn player passes doing so, then the opponent may do so.What does right to summon mean? ›
: to issue a call to convene : convoke. 2. : to command by service of a summons to appear in court. 3. : to call upon for specified action.How do I know if I have a summon? ›
Your summons may be available on OATH's Online Summons Finder. If the summons you are looking for is not available through the Summons Finder, call the OATH Hearings Division at 844-OATH-NYC (844-628-4692) to request a copy.
Once the warrant or summons is signed, it is then served upon the defendant. If it is a warrant the defendant will be arrested and taken to jail. If it is a summons, the defendant will be given a date to appear before the court. Once the defendant appears in court, a number of things may happen.How long before I can summon spirits again? ›
After summoning in a given area, you are not allowed to summon again in that area until you rest at any Sites of Grace or Fast Travel. Players may reuse the Spirit Ashes to dismiss a summon. Leaving the boundary of a valid summoning area will dismiss any active spirits.Can you heal your summons? ›
You can heal summoned creatures
A summoned creature is still a creature. You can heal it with any spell that normally heals creatures.
Only Summons that occur outside of a Chain can be negated, and even then only built-in Special Summons and Summons by game mechanics (Normal Summons, Flip Summons, Synchro Summons, Xyz Summons, Pendulum Summons and Link Summons) can be negated.Can I respond to a normal summon? ›
After each Normal Summon, a Summon negation window opens, and either player may negate the summon. If not, the summon is considered successful, and the Summon Response Window opens, and each player, starting from the turn player, may respond to the summon.What is a normal summoned monster? ›
To perform a Normal Summon, the player plays a monster directly from their hand into an available Monster Zone in face-up Attack Position, declaring that the monster is being Normal Summoned. The turn player can only Normal Summon or Normal Set once per turn.Is there a summon limit? ›
Neither player can Summon more than two times per turn. (Negated Summons count toward this limit.How far away does summon work? ›
Summon moves Model 3 forward and reverse up to 12 meters in, or out of, a parking space. To move Model 3 a longer distance while steering around objects, you can use Smart Summon (if equipped) and your mobile phone.How can I make my summons better? ›
If you want to upgrade your summons in Elden Ring, you're going to need either Grave Glovewort or Ghost Glovewort to do so. The latter is used to upgrade elite summons, but for early game spirits, you can use Grave Glovewort.