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10 days left to answer and curious about azturbocourt.com


azuser
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Hello again,

I previously posted about a summons that was received by my wife from Gurstel Chargo. We currently have 10 days left to file an answer.

I have been reading as much as possible, but my brain is jello after 30 minutes or so.

This past Saturday, we received a standard "Please call us to settle for 30%......yada yada...." with the last line on the form being the standard: "This is an attempt to collect a debt and any info...so forth and so on."

I have also found that I can file an answer using the online ability of the court system via .azturbocourt.gov.

In regards to all this, it has been stressful and I know I should try to relax a little, but it is what it is. My thoughts have been that I should file an answer and then possibly ask about settling, obviously making sure that everything is on paper and being done with it. But, I don't know. I also do not know this judge. I am considering future costs of this and if it would be worth it to settle on the possibility that it may be cheaper to do that, but again, I don't know.

My questions are as follows:

1. In regards to the "settlement letter" that Gersto has sent, do I repsond and try to settle? I'm thinking that I should answer, and then consider calling and settling. After filing an answer, am I allowed to speak with these people?

2. In regards to the answer, on the azturbocourt.gov site, it states that those listed on the summons, (wife and "J doe"), both can answer, or just one can, but if both answer, all answers have to be identical. Also, both can file answers seperately, although I don't know that it would be smart to do that. Now, being a community property state and even though the summons shows J Doe, I understand that I can answer as "my name" formerly known as "J Doe". Is this all correct?

3. No fill in the blank answer sheet was delivered and the "form" for the answer for Pima county is pretty small. The online submission contains the following for the "answer" form:

Do you admit that Pima County Justice Court has jurisdiction over this matter? *

Yes

No (answer question below)

If 'No', state the reason why: *

(next question)

Do you admit any portions of plaintiff's complaint? *

Yes (answer question below)

No

If 'Yes', use this space to state the portion of the plaintiff's complaint you admit: *

[10 lines max - Do not type all CAPITAL letters.]

(next question)

Use this space to explain why you believe the plaintiffs should not be entitled to judgment: *

[10 lines max - Do not type all CAPITAL letters.]

(end of form)

Do I answer each line of the "General Allegations", each line of the "Count 1", each line of the "Count II" on this online form? as I'm not sure being that the box only allows for "10 lines".

Also, I have been reading about the arbitration. From my interpretation from what I have read, this process is simply another way of settling? I seem to get the idea that filing for arbitration is a way of hoping that they "drop" the case. Seems to me that it's a risk. Am I correct? Can I elect for arbitration after filing an answer?

I think that is all I can think of at the moment.

Again, any help would be greatly appreciated.

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I had to come back and ask about this again specifically, since they filed a complaint and then we were served, what is there to make of this "offer to settle letter" that was sent a week after?

The complaint was filed in December with the serving on the 28th of January and this letter dated the 29th, although we did not receive it until this week.

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turbocourt is a system that allows you to prepare court papers. Use it to prepare answers, etc.

As far as settlements, filing an answer ups the ante for a plaintiff - it shows your not rolling over so easy... if you manage to drag the case out a little bit, the settlement offers will be more generous in your favor- especially if you're being sued by a JDB.

Arbitration is a separate forum - although if this is a CC debt, you want to use the private forums in the cardholder agreement - not the court arbitration. To get to arbitration, you'd have to file a motion to compel arbitration.

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