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.
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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
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