What happens after filing an answer to a summons?

[autism mom]

I'm so frazzled about trying to answer the summons, but I just realized, what happens after that?

Thank you and sorry for being so clueless.

[Strawberry Bird]

Here is a link to a site that kinda tells you start to finish. Obviously each case is different. The bottom line is keep reading all you can and start planning for your next step.

http://www.altria.com/media/03_06_01_01_Lawsuit.asp

Depending on what you submitted, they will probably answer Counter Claims and address your answers. (I think)

Creditboards.com has some good info too from one of the gals over there and also floridadebtor.com (even if you aren't a Floridian)

Good luck

[autism mom]

Thanks! Good info on the web - thanks for the links and encouragement.

I went to the courthouse this morning, they have a handy little packet about what is an answer, what is required, what the words mean, and what happens afterwards.

Their official answer form is one page, fill in my info, the suing party's info, the case number and docket number and such, and then they have several boxes to check with what your answer is.

Plus an "other" box, which is what I need.

BONUS! I discovered that I have 35 days from the date of service which is in the fine print, not the date of filing in large print - gives me until the 12th, not the 9th - a bit more time to talk to a lawyer. I called several and left messages, no call backs yet.

How do people do this without losing their jobs and their sanity? This takes so much time! I'm crashing from lack of sleep.

Nitey-nite, thanks again, what great info there is here.

[Strawberry Bird]

I know I read the specifics of your case.. but can't remember.. I am in the same basic boat and just as lost! But, here is what I feel would have helped me if someone would have just said so...

This whole initial process is like walking into court saying: NOT Guilty, Here is a quick summary of why plantiff should not get a judgement, and oh by the way judge, I am counter suing them for this. Cya

Getting your answer ready is the easy part.. it is the Deny, Admit, Or not enough info yet statement, along with a general deny in case you miss something..

Your Affirm defense, is also much easier than I thought, Look at some of the threads here and at the other sites on "affirmative defense" and choose 4 or 5of the strongest ones for your case. State them and add the statement that you reserve the right to add to them. It is true that if you don't state it you lose it, but as I was told After I filed mine, too many make you look amature.. I found that literally going to Google and in Quotes entering the main part of the defense, for example: "failure to state a claim", found me pretty specific info on what it was. That online Wikipedia dictionary has a ton of info on civil procedure terms.

Focus on your counter claims.. There are a couple that I think are pretty standard and then the specifics to your case (from the start of your dealings with the JDB to present) .. however I personally have some issues with this because to me you are sorta admitting the debt UNLESS you did everything exactly right from the very first time they ever contacted you. ..

So I would be quizzing people on what specific counter claims you can do.

Then proof read, print and go down and file it, serve the plaintiff and start to move forward.

The only other thing is if you have time to file a MTD on something like Failure to State a Claim bla bla.. that should be done before your answer is filed..

My State rules on some of that stuff is pretty specific on what I can use for a MTD ..

If you have something you can file a MTD before hand you can do that first.. and that would give you more time to do the other.. Search your state RCP for "motion to dismiss" ..

ANYWAY, that is how I understand it so far.. Go to www.debtorboards.com I am learning a lot from those guys..

I hope this helps. I know this is very stressful. AND if anyone feels I just gave her bad advise.. speak up and help out

SB

[direred]

infinitecredit.com is better for legal things, I think.

CB has a lot, too, though I haven't been keeping up with it (since I'm the plaintiff, not the defendant).