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North Carolina Message - Reply
Category:
State:
Multi-State
Control #:
US-164-AZ
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Word;
PDF;
Rich Text
Instant download
Description
How to fill out Message - Reply?
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FAQ
The summons that you received should contain a section called Notice of Intention to Defend. Make two copies of this Notice and take one copy to the court mentioned in the summons to get it stamped and filed, and take the other to the Plaintiff's attorneys. It's advisable to speak to a lawyer for advice and assistance.
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.
If you decide to file a response, you must file it in the same courthouse where the lawsuit was filed. The address should be on the papers you were served by the plaintiff. Make sure you take your original plus at least 2 copies to the clerk's office to file. You will have to pay a filing fee to file your papers.
Be brief. Answer the allegations in the complaint with one or two sentences. Again remember that the statements you make in your answer can be used as admissions against you. Your response to the allegations in the complaint may admit part of the statement in the specific paragraph and deny part.
Take your written answer to the clerk's office. The clerk will take your documents and stamp each set of papers "filed" with the date. They will then give the copies back to you. One copy is for you to keep. The other copy you're responsible for delivering to the plaintiff (or their attorney).
Write your answerOnly tell the court that you agree, disagree or you do not know if the statement is true. Lawyers usually write "the Defendant admits...," if you agree with the statement. They write "Defendant denies...," if you disagree with the statement.
An affirmative defense operates to prevent conviction even when the prosecutor has proof beyond a reasonable doubt as to every element of the crime. Some jurisdictions place the burden on the defendant to prove the defense, while others require that the prosecution disprove the defense beyond a reasonable doubt.
Overview. 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.
Write in the name and address of the person who filed the Complaint against you, or the name and address of their attorney. You can find this on the Summons that you received. At the end, add your address and phone number and sign the answer.
You can respond by filing either an Answer document or a Motion; usually an Answer is sufficient and more straightforward in a debt collection lawsuit. If you fail to respond within the 30 day period you will lose the case by inaction, and the court will file a default judgment against you.
