Have Legal Questions? Ask a Lawyer Now.
To answer this suit yourself if you cannot find an attorney, you need to copy the heading on the Complaint (court name/case name/case number). Title it "Answer." Then you need to state you are the respondent, your name, and that you are appearing to represent yourself and answering the petition. Then you number every response to correspond with the numbers on the petition. You then answer each one with "Admit" "Deny" or "Insufficient information to find a reasonable belief as to the truth of the matter asserted and leave petitioner to her proof thereof (use this response for every allegation where they claim you owe money or how much you owe)." Once you have answered each numbered paragraph then you can put "Defenses" and list any defenses you have to her petition. Then if you have any counterclaims to make, you can make them after your defenses under the title Counterclaim and to do that you would copy the same layout that the initial petition you received has and just change each numbered paragraph to reflect your facts and allegations.
Once you complete that you sign the response, you have it notarized. Under that put "Certificate of Service" and put the name/address of her attorney where you will be mailing a copy and the date you mail it and sign that.
Then file the original and one copy with the clerk of court and ask the clerk to stamp one copy to give back to you as proof of service. Mail one copy to the other party's attorney.
I hope you found my answer helpful, please click on the GREEN ACCEPT button above for my answer. This is necessary for me to be paid for my work and so that I can get credit for assisting you. Your question will not close, and you will still have the opportunity to follow-up if needed. Leaving a bonus and positive feedback is not required, but doing so is certainly appreciated!
Please remember this is a dialog if you have follow up questions please use the REPLY button and ask. If you have additional questions, please keep in mind that I do not know what you already know or don't know, or with what you need help, unless you tell me. Please consider that I am answering the question or question that is posed in your posting based upon my reading of your post and sometimes misunderstandings can occur. If I did not answer the question you thought you were asking, please respond with the specific question you wanted answered.
Also remember, sometimes the law does not support what we want it to support, but that is not the fault of the person answering the question, so please be courteous.
There can also be a delay of an hour or more in between my answers because I may be helping other customers or taking a break.
PLEASE NOTE WELL: IF YOU CLICK OPT OUT I CANNOT REPLY TO YOUR FOLLOW UP QUESTIONS AND YOU MAY NEVER GET ANY REPLY OR IT WILL DELAY MY ABILITY TO REPLY TO YOU. Also, if you use RELIST, I MAY NOT SEE YOUR RESPONSE AND IT WILL DELAY YOUR REPLY.
You can always request me through my profile at http://www.justanswer.com/profile.aspx?PF=10285032&FID=39 or beginning your question with “For PaulMJD…”
YOU said answer each number with "Admit" "Deny or "Insufficient information to find a reasonable belief as to the truth of the matter asserted and leave petitioner to her proof thereof. You said use this Insufficient information response for every allegation where they claim you owe money or how much you owe. Since this is credit card account and we do not know how much is interest, penalties, etc. How should we answer theses:
1. That the Plaintiff is a National Bank organized under federal law and is a Creditor of the Defendant's. That the Defendant is a resident of the county in which this suit is filed and venue is proper. That this Court has jurisdiction over the parties and subject matter.
2. That the Defendant requested a credit card from Plaintiff and Plaintiff issued a credit card to Defendant.
3. that the Defendant is indebted to the Plaintiff on an account through the use of the credit card for purchases of goods, services and/or cash advances.
4. that the Defendant has failed to pay the indebtedness owed to Plaintiff and after all just credits and advances have been accounted for, the Plaintiff is entitiled to judgment against the Defendant in the sun of $7709.15, plus interest at the staturaory rate from the date of judgment, costs, and a reasonable attorney's fee.
The court house does not have a petition answer form. I have created my own. Does this form look okay or do I need to make changes?
IN THE DISTRICT COURT OF GRANT COUNTY
STATE OF OKLAHOMA
CITIBANK (SOUTH DAKOTA),NA
v. Case No. CS-2010-16
my name here
my name and address
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).