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Notice of Appearance or Answer to Summons?


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Hi Gang,

I picked up the http://www.ihavebeenserved.info/ package. I know, I know, everything I need to know is at CIC. True, I'm sure. But everything I need to know is in little pieces, scattered across 50,000 posts! I thought this package might help explain and organize things a little better... It does put everything in one neat little package. But, it DOES NOT explain the meaning of the answers, their legal significance or intent. So, still a bit in the dark...

It suggests the first step be to send a Notice of Appearance. I wasn't able to find too much on that here, so I thought I would post this question. Seems most people just submit an Answer to the Complaint, rather than a Notice of Appearance. My jurisdiction is MA. Can anyone explain, or advise? Thanks,

notagain xxheartxx

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It suggests the first step be to send a Notice of Appearance. I wasn't able to find too much on that here, so I thought I would post this question. Seems most people just submit an Answer to the Complaint, rather than a Notice of Appearance. My jurisdiction is MA. Can anyone explain, or advise?

Different jurisdictions do things differently. While some may only want you to file a notice that you intend to appear, most require that you respond to the Complaint more directly, i.e. an Answer. An Answer is probably a safer response. If you're not going to consult a lawyer (highly recommended) ask the court clerk what sort of reponse is required. They may have ready-to-fill-out forms you can use, and these may even be on line.

Good luck.

DH

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That is not a universal requirment and is generally applicable only to attorneys.

Perhaps this link will be of some assistance to you. :)%

Thanks Debtor, thanks Nascar!

I have copied the link to my bookmarks. It's perfect. I learned:

(B) Appearances.

(1) The filing of any pleading, motion, or other paper shall constitute an appearance by the attorney who signs it, unless the paper states otherwise.

(2) An appearance in a case may be made by filing a notice of appearance, containing the name, address and telephone number of the attorney or person filing the notice.

(3) No appearance shall, of itself, constitute a general appearance.

So, just answering is good enough. If I want to I 'may' make an appearance by 'notice of appearance'.

This is great. Thanks.:)++

notagain xxheartxx

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