Strawberry Bird Posted March 31, 2007 Report Share Posted March 31, 2007 COMES NOW Defendant, Me SirName and John Doe Sirname, and John Does I-V and Jane Does I-V, appearing pro se, for its reply to the Complaint of Plaintiff, JDB. ; hereafter referred to as Jerks, states as follows:is how I started my answer,,, in AZ I think I have to have each Pleading.. Answer, Defense, and Counterclaim etc under their own Caption.. So how would I start the Defense plea?Comes now, defendant, Me and all my friends, appearing pro se, for its defense to the Complaint of Plantiff jerk, states as follows: ?? and then similar to the counterclaims? FYI... in my hours and hours and hours of reading the Civil Procedures for AZ, I THINK it said that each has to be on its own caption page.. SEE HERE:: Rule 5(j). Proposed Orders and Proposed Judgments(1) Required Format. A proposed order or proposed judgment shall be prepared as a separate document and shall not be included as an integral part of a motion, stipulation, or other document. The proposed order or proposed judgment shall be prepared in accordance with this subsection and Rule 10(d), and shall contain the following information as single-spaced text on the first page of the document:Is that what that means?? Thanks Link to comment Share on other sites More sharing options...
nascar Posted March 31, 2007 Report Share Posted March 31, 2007 You've already got this issue going in another thread. You'll get better results keeping it all together.http://www.debt-consolidation-credit-repair-service.com/forums/showthread.php?t=265144 Link to comment Share on other sites More sharing options...
Strawberry Bird Posted March 31, 2007 Author Report Share Posted March 31, 2007 actually I wasn't getting much response that way.. that is why I started asking each question separately.. I think there are just too many of us needing answers and only a few of you that have enough experience to help.. and I am in panic mode so I was cheating Thanks Link to comment Share on other sites More sharing options...
blooker Posted March 31, 2007 Report Share Posted March 31, 2007 I am going through a similar issue. I did my research and I drafted my answer and defenses and yet I was still lost. I didn't want to file an answer in the wrong format or use the wrong wording. I am not a lawyer. So I decided to seek an attorney's help. My good friend's husband is an attorney but I didn't want him to review this so I shelled out $500 for representation. She is a consumer law attorney who deals with Fair Debt Collection Practices. I figured the $500 is a lot cheaper than the $8K they are suing me for and I can't take any chances of getting a judgement.I am meeting with my attorney on Tuesday to go over the answer she wrote for me. (I can post a copy for you but I'm not sure if the format will be the same since I am in a different state.) I sent her my versions of the answer and a bunch of defenses that I put together. She said she was very impressed by my research and defenses. She said I thought like a lawyer. I am not even close to being a lawyer. The only experience I had with this sort of this was a constitutional law class I took in college. I used the same principles and tried to research other cases and read the laws in my state. I wanted to see if there were any cases that set the precedence for my case. Nothing. Not very many people fight these lawsuits. Link to comment Share on other sites More sharing options...
nascar Posted March 31, 2007 Report Share Posted March 31, 2007 FYI... in my hours and hours and hours of reading the Civil Procedures for AZ, I THINK it said that each has to be on its own caption page.. SEE HERE:: Rule 5(j). Proposed Orders and Proposed Judgments(1) Required Format. A proposed order or proposed judgment shall be prepared as a separate document and shall not be included as an integral part of a motion, stipulation, or other document. It is considered proper court etiquette to draft the final order and present it along with a motion. That way, all the judge has to do is sign it. Plus, that's a good way to make sure it says what you want it to say. Link to comment Share on other sites More sharing options...
Strawberry Bird Posted April 1, 2007 Author Report Share Posted April 1, 2007 ohhhhh so that rule doesn't me I have to put my Answer on one set and then my Affirmative Defense on another and my Counter Claims on yet another... duh... it is talking about if I was asking for a Summary Judgement or an Order to make the other side do someting.. right? Does my Motion to Dismiss need to be on its own?? THANKS Link to comment Share on other sites More sharing options...
inneedofknowledge Posted April 4, 2007 Report Share Posted April 4, 2007 I am going through a similar issue. I did my research and I drafted my answer and defenses and yet I was still lost. I didn't want to file an answer in the wrong format or use the wrong wording. I am not a lawyer. So I decided to seek an attorney's help. My good friend's husband is an attorney but I didn't want him to review this so I shelled out $500 for representation. She is a consumer law attorney who deals with Fair Debt Collection Practices. I figured the $500 is a lot cheaper than the $8K they are suing me for and I can't take any chances of getting a judgement.I am meeting with my attorney on Tuesday to go over the answer she wrote for me. (I can post a copy for you but I'm not sure if the format will be the same since I am in a different state.) I sent her my versions of the answer and a bunch of defenses that I put together. She said she was very impressed by my research and defenses. She said I thought like a lawyer. I am not even close to being a lawyer. The only experience I had with this sort of this was a constitutional law class I took in college. I used the same principles and tried to research other cases and read the laws in my state. I wanted to see if there were any cases that set the precedence for my case. Nothing. Not very many people fight these lawsuits.COULD YOU POST THE RESPONSE YOU WROTE..IT CERTAINLY WOULD HELP THOSE OF US WHO CANNOT AFFORD A LAWYER. Link to comment Share on other sites More sharing options...
qtptute Posted April 4, 2007 Report Share Posted April 4, 2007 COULD YOU POST THE RESPONSE YOU WROTE..IT CERTAINLY WOULD HELP THOSE OF US WHO CANNOT AFFORD A LAWYER.MOST consumer protection charge little to no fee to take your case. This is because of the fee shift statute provided in the laws.ALSO, if you are indigent, you may qualify to have your lawsuit filed as an Informa Pauperis. (in legalese - indigent). This means if you are truly unable to pay your filing fees, the court will grant a motion for the filing fees to be free and the US Marshalls will serve your court documents. Link to comment Share on other sites More sharing options...
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