URGENT Must Respond to Summons Tomorrow 8/27

[lastlance85]

I've been sued by a credit union for a delinquent car loan. I'm in Ohio. I picked up the summons 07/30 at the post office. I have 28 days, exclusive of the date of service to respond by serving the plaintiff's attorney -- then three days thereafter to file with the court. That leaves me with having to have my answer in TOMORROW 8/27. Being that it's 9:30 PM the day before my 28 day window expires, how am I going to get this to them on time?

Is it okay to mail out (certified) the answer to the attorney tomorrow and also file my response with the court in person? Obviously the mail won't get there that fast. I'm sorry in advance if I'm being dense but I'm panicking, I'm quite financially strapped and everything is hectic right now. Could I overnight it (say, via FedEx) or could I deliver the response to the lawyer myself? (he's local)

It's municipal small claims court if it helps. Thanks so much.

[1stStep]

Drop it off at the attorney's then file with the court - deny everything.

[lastlance85]

OK, I'll do that tomorrow. Here is the original complaint:

Defendant owes Plaintiff $32xx.xx according to the account hereto annexed as Exhibit A.

WHEREFORE, Plaintiff demands judgement against the Defendant in the sum of $32xx.xx interest at the rate of 14.80% from May 16, 2012, and costs.

Very short and sweet. Exhibit A consisted only of a loan disclosure agreement and a bank statement printout. No contract. No payment history. And here is what I have for an answer thus far:

COMES NOW the Defendant, lastlance85, in answering the allegations of the Complaint on file herein, affirms, denies and alleges as follows:

1. Defendant denies the allegations contained in Paragraph 1 of the Complaint as Defendant is without

information or knowledge sufficient to form an opinion as to the truth and accuracy of the allegations.

Should I add anything else? I don't want to perjure myself. I'm going to have the money in the next 14-30 days to reach a settlement/pay these guys off, I just need a little more time. My answer seems so short, but there again all I need is a little bit of time.

[Coltfan1972]

My answer seems so short.

Actually your answer is too long.

Deny everything.

[BrunoTheJDBkiller]

The time is no big issue, if it is a few days late nobody will complain. Before anything could happen, they would have to file a motion for default for failure to plead. This is curable, which means you can file a motion to set aside the default and attach the answer. Routine, not many lawyers will pounce on you at one minute past midnight, most of their own stuff is late.