mamom Posted June 13, 2007 Report Share Posted June 13, 2007 Hi All,I'm in an interesting situation. What would you do if you DID answer a summons within the alloted time, yet the CA sent a request to the court for a default judgement for failure to Answer?At the least I'm going to send a letter stating my Answer was sent and received by CA (I have the green card to prove it). But should I add anything else, or leave it at that?Thanks,MAMom Link to comment Share on other sites More sharing options...
Tazjeepcj7 Posted June 13, 2007 Report Share Posted June 13, 2007 If you received a summons, you probably should have sent your response to the court with a copy to the plaintiff. Link to comment Share on other sites More sharing options...
cjtx Posted June 13, 2007 Report Share Posted June 13, 2007 CAs file in bulk. They go one day and file 5 cases or more a day, expecting most of them will not show up so they can get a default judgment.Most CAs don't really keep track of who answered and who didn't. Many of them go and file motions for defauilt judgment in bulk too.In any case, you did send them a copy, so you should be ok. Link to comment Share on other sites More sharing options...
nascar Posted June 13, 2007 Report Share Posted June 13, 2007 If you received a summons, you probably should have sent your response to the court with a copy to the plaintiff.You'd BETTER file your answer with the court. You don't expect the CA to do it for you, do you? Link to comment Share on other sites More sharing options...
kevin3344 Posted June 13, 2007 Report Share Posted June 13, 2007 At the least I'm going to send a letter stating my Answer was sent and received by CARemember, a summons is a legal instrument issued by a court. You have to file your answer with the court, not the CA. It's not good enough to send your Answer to the CA. Link to comment Share on other sites More sharing options...
SecretAgentWoman Posted June 13, 2007 Report Share Posted June 13, 2007 Well, if you haven't figured out by now, you did it wrong. Link to comment Share on other sites More sharing options...
cjtx Posted June 13, 2007 Report Share Posted June 13, 2007 I assumed OP filed with the court and sent a copy to the CA. Am I right? Link to comment Share on other sites More sharing options...
unusualsuspect Posted June 13, 2007 Report Share Posted June 13, 2007 If you filed an answer for a summons and the CA files for a default, then the clerk will reject the motion for a default judgment. Expect the CA to turn up the heat... snow you with paperwork and file for a motion for a summary judgment. Link to comment Share on other sites More sharing options...
mamom Posted June 13, 2007 Author Report Share Posted June 13, 2007 I assumed OP filed with the court and sent a copy to the CA. Am I right?Yes, you're right. I didn't spell it out in my original post, but I sent my Answer to the CA and to the court.Expect the CA to turn up the heat... snow you with paperwork and file for a motion for a summary judgment.Bring it on. I'm prepared and even looking forward to the truth going on the public record. Since I have no assets and nothing to lose, I'm gaining a valuable education in law, in the process. Thanks,MAMom Link to comment Share on other sites More sharing options...
nascar Posted June 13, 2007 Report Share Posted June 13, 2007 I sent my Answer to the CA and to the court.Perfect Link to comment Share on other sites More sharing options...
SecretAgentWoman Posted June 13, 2007 Report Share Posted June 13, 2007 Yes, you're right. I didn't spell it out in my original post, but I sent my Answer to the CA and to the court.Expect the CA to turn up the heat... snow you with paperwork and file for a motion for a summary judgment.Bring it on. I'm prepared and even looking forward to the truth going on the public record. Since I have no assets and nothing to lose, I'm gaining a valuable education in law, in the process. Thanks,MAMomOH, YOU GO GIRL!Looking forward to your updates as you make them look silly in court! Link to comment Share on other sites More sharing options...
Recommended Posts