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Read the summons and make sure you know the date you must answer by. Read the complaint carefully. Write your answer. Sign and date the answer. Make copies for the plaintiff and yourself. Mail a copy to the plaintiff. File your answer with the court by the date on the summons.
Provide the name of the court at the top of the Answer. You can find the information on the summons. List the name of the plaintiff on the left side. Write the case number on the right side of the Answer. Address the Judge and discuss your side of the case. Ask the judge to dismiss the case.
Don't ignore it. If you do this, the court will simply rule in the issuer or debt collector's favor. Try to work things out. Answer the summons. Consult an attorney. Go to court. Respond to the ruling.
What to Do If You Receive a Writ of Summons. As the defendant, after receiving a writ, you must then decide if you wish to contest the claim. If you choose not to contest the claim, the plaintiff can apply for a judgment without trial.Subsequent to your appearance, you must then serve your defence on the plaintiff.
Defend yourself in court; File a cross claim, counter claim or third party claim; Assert that the Writ of Summons was not served properly; or. Simply ignore the debt collection case.
The name of the court - you can find this at the top of the Complaint you got. The Court Division - this is the county where the complaint was filed. The Docket No. The Plaintiff's name. The Defendant's name - your name. The kind of complaint you are answering.
You can file an answer to respond to the plaintiff's complaint. An answer is a formal statement, in writing, of your defense to the lawsuit. You can say that what the plaintiff claims is not true. Or you can say it is true but give more information and reasons to defend your actions or explain the situation.
Contact the clerk's office of the court where the lawsuit was filed. You'll find a phone number and address for the clerk's office on your summons. The clerk will be able to tell you exactly what documents you should file with your answer and whether any filing fee is required.
Once the court has accepted your complaint, a "Writ of Summons" will be issued and you must be sure the defendant is notified of the case through a legal procedure called service of process. The Writ of Summons has an expiration date, so pay close attention to the date by which you must have the defendant served.