Newbie, please any advice on how to respond to summons!

[basketcase]

Hi all, I am a newbie just served yesterday and I have to admit that I have not slept and have been online looking for answers as what to do. So first things first....I just want to figure out how to write my answers without looking really dumb because some of what they wrote confuses me like the parts about the spouse is that something that needs denied? Maybe it is the lack of sleep and now I have information overload and am more confused about how to answer. So as you can see I answered the first question but, saw so many ways to write my denials that I don't know which to use. If possible could someone look this summons over and let me know do I need to write deny on everything from the numbered allegations to the counts? Does any of these require more than a denial? I don't want to answer deny to something that should not be answered that way. Any advice would be appreciated, I am not asking for anyone to do the work for me as I know I need to look things up and I have but then I look at my summons and get more confused. Please tell me this gets easier to understand because I can't afford an attorney and can't afford to lose!

Oh and this is all I received there were no other documents attached.

XXX

Plaintiff

Vs

Xxxx, Xxxx and J. Doe spouse

Defendant

GENERAL ALLEGATIONS

1. Defendant is a resident of the State of Arizona, County of xxxxxxxx,(specifically residing within the boundaries of the xxxxxxxx Consolidated Justice Court.)

Admit

2. The amount sought by Plaintiff hereby, exclusive of interest, costs and awarded Attorneys’ fees is less than $10,000.00. Therefore, this court has jurisdiction over this matter pursuant to A.R.S. 22-201.

3. That Plaintiff is the owner of certain accounts of xxxx Including the account of defendant herein, and pursuant to A.R.C.P. Rule 17 (a), Plaintiff is the real party in interest entitled to sue on the debt alleged herein.

4. Upon information and belief, Defendant was married at the time the debt alleged herein was incurred, remains married currently, and the debt was incurred to the benefit of the marital community of Defendant. Plaintiff alleges that Defendant and the marital community of Defendant is liable for the debt alleged herein. Plaintiff requests leave to amend this Complaint to include the spouse’s true name to this Complaint once identified.

5. Alternatively, in the event that Defendant was not married at the time the debt alleged herein was incurred, but is currently married, Plaintiff alleges that pursuant to A.R.S. 25-215 ( Defendant and the marital community of Defendant is liable for the debt alleged herein.

6. Additionally, in the event Defendant was married to J. Doe Ex-Spouse at the time the debt alleged herein was incurred, but is no longer married to J. Doe Ex-Spouse, Plaintiff alleges that the marital community of Defendant and J. Doe Ex-Spouse is liable for the debt alleged herein, and Plaintiff seeks to include J. Doe Ex-Spouse in this action and any subsequent judgment, and requests leave to amend this Complaint to include the ex-spouse’s proper name once identified.

7. Pursuant to A.R.S. 12-341 the prevailing party shall be entitled to an award of all costs and, pursuant to A.R.S. 12-341.01 the prevailing party may be entitled to an award of reasonable attorneys’ fees incurred in pursuing this action.

8. Court costs as actually incurred are chargeable to Defendant if Plaintiff is the prevailing party.

COUNT I

9. Plaintiff realleges each and every allegation in paragraphs 1 through 8 as though full set forth herein and incorporates them by this reference.

10. That defendant applied for credit from xxxx accepted Defendants’ application and issued credit to Defendant.

11. That xxxx sold and assigned all of its rights of the credit account therein to Plaintiff.

12. Defendant owes plaintiff $x,xxx.xx, plus interest at the rate of 10% per annum from and after xxx xx, xxxx, for credit extended to defendant on or before xxx xx, xxxx.

13. That although duly demanded, defendant has failed and refused to pay said amount and therefore is indebted to the plaintiff in the amount of $x,xxx.xx, plus interest at the rate of 10% per annum from and after xxx xx, xxxx.

COUNT II

ACCOUNT STATED

14. Plaintiff realleges the allegations set forth in paragraphs 1 through 13, and incorporates them herein by reference.

15. From time to time, plaintiff and/or xxxx made and rendered to defendant accurate invoices and/or statements of account of the transactions between said parties. Said invoices and/or statements of account were received by defendant, accepted and retained by said defendant without objection being made thereto or to any item thereof.

16. In furtherance of the goods sold and delivered, a full, just, and true account was made and stated between plaintiff and/or xxxx and defendant which showed a balance of $x,xxx.xx, plus interest at the rate of 10% per annum from and after xxx xx, xxxx, due to plaintiff from defendant over and above all sums received from defendant and for which defendant was entitled to credit. Said account was delivered to , received and accepted by defendant and was retained by defendant without objection being made thereto or to any item thereof.

17. That although duly demanded, no part or portion thereof has been paid.

WHEREFORE, Plaintiff respectfully requests the Court enter judgment against Defendant as follows:

1. For the principal amount of $x,xxx.xx, plus interest at the rate of 10% per annum from and after xxx xx, xxxx.

2. For Plaintiff’s costs and disbursements incurred herein.

3. Reasonable attorneys’ fees of $xxxx in the event of a default judgment or as actually incurred otherwise.

4. Interest accruing at the rate of ten percent (10%) per annum on the full amount of the judgment after the judgment is entered.

5. For such further and additional relief as the Court deems just, fair and equitable in the premises.

Respectfully submitted this xx day of xxx xxxx.

x

Edited May 24, 2011 by basketcase
Editing title, hoping for a a few more hits on advice!

[RebelLady]

ARIZONA RULES OF CIVIL PROCEDURE

http://www.served.com/az.asp

This is a good place to start.

RL

[vballchick]

In AZ justice court, you would answer each and every allegation, state your affirmative defenses and counterclaims if you have them. Anything you don't answer is deemed as admitted. I would deny everything except the obvious like your name.

If this is for a credit card, you can deny the court's jurisdiction and do a MTC arbitration (private) if it is available with your agreement.

I write each allegation word for word and then write my answer.

An example of an answer could be:

Defendant's Answer:

Defendant denies allegations contained in paragraph (2) as Defendant is without sufficient information or knowledge to either admit or deny therefore denies and holds Plaintiff to provide strictest proof thereof.

There are a few different ways you can answer. Just be sure to read and absorb each individual allegation in each paragraph as you can admit and/or deny more than one allegation in each one. Example: you can live in the county but deny that the court has jurisdiction because the agreement/contract says that arbitration can be used to resolve all disputes.

Also at the end of your answer, I would suggest to put that you reserve the right to add and/or amend your answers at a later time. I would also do the same for any counters you may have. I leave my counters off and just reserve the right to add them later for arbitration and/or the case goes further.

You want to deny everything except the obvious and make them prove their OWN case--not you do it for them. They will try and trip you up--don't let 'em!

Hope this helps.

VBC

[basketcase]

RebelLady, thank you for this info. I have read it don't know if it is sinking in yet. But after some sleep I will try again to understand it all.

vballchick, thanks for the answer it has helped.

Can anyone tell me what I do in regards to myself and J Doe both listed as defendants (since this is a community property state). Do I file separate sets of answers for each of us or does one set of answers cover us both. They served me with two sets of the complaint.

In regards to #4, 5, & six and J. Doe, I have searched high and low and can't find any posts or information on these statements. I realize I should deny everything but but name and address, and maybe I am just reading to much into these statements but they have me confused how should I respond to them?

[basketcase]

One more question, I need to ask. Since I am having a hard time understanding all these legalities and wordings. Is there a book that breaks everything down into plain English. I do not want to end up in court and have answered something that someone questions and then can't really explain why I made a statement. I have looked on line and saw some ebooks but not sure if they are legit or worth it. Any suggestion would be greatly appreciated!!!!!

I would love to go to the courthouse to find cases similiar to mine but I am caring for a bedridden father 24/7 and don't know when I could do it. So I thought a book would help.

[vballchick]

http://www.debt-consolidation-credit-repair-service.com/forums/showthread.php?t=252142

You can start here. Search the forum. You have to read and learn and probably it would be a good idea to find a way to go down to the court and research.

[basketcase]

This is for a credit card with Providian ended up with Chase. Sorry this is all new to me, you mentioned the Arbitration can you please tell me the difference and the reasons for doing Arbitration over the lawsuit. In the Arbitration are you basically admitting that you owe the debt and then a settlement is worked out. And which method usually has the best outcome. I am going to look it up but if you can give me a little insight I would appreciate it.

[basketcase]

Ok this might sound like a really stupid question to most of you and please excuse my ignorance of these legal issues as I have never encountered these problems and I also have never been in a courthouse before (a little sheltered I guess). But I am a very determined person and I will conquer this!!!

So my question is...If I go to the courthouse which I am assuming at this point it would be the Consolidated Justice Court that this summons mentions, Do I just ask someone to point me to the case files and when they do this what am I to expect a file cabinet or computers that I just start looking through? How helpful are the people at the courthouse with explaining where and how to search.

And when you find these case files what do they contain, is it just the outcome or are all the documents filed available for viewing?