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I was served a summons regarding a foreclosure notice from a collection agency, and I'm required to answer it. My question is, how do I do this? Do I just show up at the clerks office and verbally acknowledge my receipt of the summons? Or should I have a written response prepared?
6 ANSWERS
The summons should tell you what to do. If you want to keep your house, you need to file a response, either an answer or a motion, probably with the lawyer for the collection agency. I recommend that you get a lawyer to help. If you don?t respond properly, you will probably get a judgment against you.
Answered on Sep 10th, 2013 at 10:56 AM
Kenneth Steven Pelsinger
A summons is not what you answer, its the complaint that is attached. You need to speak with an attorney who will answer the complaint and assert legal defenses and also counterclaim the bank, don't be fooled by people who tell you to just get a form and fill the blanks. You must assert your rights against whomever is suing you, make the bank feel the pressure of a counterclaim.
Answered on Sep 10th, 2013 at 4:58 AM
General Law Attorney serving Cherry Hill, NJ
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Mark S. Cherry, Attorney at Law, PC
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Usually it requires a written document called an Answer if it is service of a lawsuit. Show an attorney with what you actually received.
Answered on Sep 09th, 2013 at 6:33 PM
If you want to oppose the lawsuit, you must file a written response called an Answer, which denies the allegations of the complaint and raises affirmative defenses, if any. You can find a form for an Answer here: http://www.courts.ca.gov/documents/pldc010.pdf. You must file the Answer with the court clerk (there is a filing fee) and serve a copy by mail on the plaintiff. You can represent yourself, but it would be best to hire an attorney; or at least hire a paralegal to help you fill out and file the form.
Answered on Sep 09th, 2013 at 6:33 PM
Bankruptcy Attorney serving Seattle, WA
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The Law Office of Marc S. Stern
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A written response is always required.
Answered on Sep 09th, 2013 at 6:32 PM
Debt Settlement Attorney serving Chicago, IL
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Law Offices of Daniel J. Winter
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Your best option is to call an experienced bankruptcy and foreclosure attorney to discuss your best course of action. There are ways to respond to the summons, but you want to have a good plan in mind before doing so.
Answered on Sep 09th, 2013 at 6:32 PM